| County |
Date |
Case
# |
Charge |
Comments |
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09/03/2010 |
20XXXT0XX7623AXX |
Driving Under The Influence |
Facts: The Defendant was stopped at about 9:00 p.m. traveling 51 in a 35 mph zone. Upon making contact with the Defendant, his eyes were red and glassy and his speech was slurred and mumbled. His face was flushed, he had slow dexterity and there was an odor of alcohol coming from his breath. He fumbled through his documents and often looked sleepy when contact was made with him. His movements were slow as was his speech. After running his license, the officer came back to the defendant’s car and the defendant stated “Yes, I know, I had a few drinks.” He then stated he had 3 beers and he was coming from a restaurant. The Defendant was swaying back and forth during the walk and turn, missed heel to toe on 4 steps, stepped off the line and made an improper turn. During the one leg stand, the defendant was not counting properly and was swaying back and forth. He failed to keep his eyes closed during the finger to nose as instructed and touched the tip of his nose with the middle of his finger instead of the tip every time. During the Alphabet task the Defendant said “H, I, G” instead of “H, I, J” and then said “I lost it man”. He then tried again and said “X, W, Y, Z” instead of “W, X, Y, Z”. He was arrested and then refused a breath test. The State attorney’s office took a look at the Breath Testing Video and after consulting them about the certain other factors (including the officer’s sworn testimony at the Formal Review Hearing at the Department of Motor Vehicles), the State agreed to drop the DUI.
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09/02/2010 |
20XXXT00XX2217 |
Leaving the Scene of an Accident |
Our client was charged for a misdemeanor of leaving the scene of an accident. Florida Highway Patrol alleged that our client sideswiped another car on Interstate 95 and then left the scene of the crash. After our Treasure Coast Attorney met with the client, it became clear that our client’s actions were reasonable and appropriate for the situation. It was found that after the cars sideswiped each other, our client immediately exited the highway to find a safe location to exchange information with the other driver. However, the other driver continued driving on the highway and failed to exit. Our client drove home and contacted the police to report the crash. Our client satisfied the actions a person is required to do under Florida Law. It appeared there was a misunderstanding between the two drivers on where they should safely pull over. The trooper used poor discretion to charge our client when our client had no intent to avoid responsibility. Based on this legal analysis, our firm’s attorney convinced the prosecution to drop all criminal charges.
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08/31/2010 |
09-1XX81XXXM10A |
DUI (Enhanced-Breath above a .15g/210L) |
The Defendant was stopped for speeding by Officer John Hanson of the Pembroke Pines Police Department DUI Task Force. The Officer approached the vehicle and noticed the Defendant to have the odor of alcohol on his breath, slurred speech, bloodshot eyes and was unstable while standing unassisted. The Defendant admitted to consuming four drinks while at the Hard Rock Hotel and Casino. The Defendant was then asked to do roadside sobriety exercises and performed poorly on all of them. The Defendant could not maintain a straight line on the walk and turn and missed heel to toe on several steps. The Defendant could not say the alphabet correctly despite being given 3 opportunities to try and could not touch the tip of his finger to the tip of his nose. He could not maintain his balance at all on one leg either. The Defendant was arrested for DUI and submitted to the breath test which resulted in readings of .159/.152 g/210L. The Firm filed a Motion to Suppress the Unlawful Detention of the Defendant for roadside exercises based upon the conduct of the officer reflected on the videotape. The Judge agreed that the officer forced our client to participate in exercises (clearly voluntary under Florida Law) without first asking his consent and suppressed all of the evidence after the initial traffic stop. The State dropped all charges.
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08/30/2010 |
20XXCXX02397 |
Leaving the Scene of an Accident |
The defendant was charged with a misdemeanor of leaving the scene of an accident and a civil infraction of violation of a traffic control device. Port St. Lucie Police alleged she drove through a red light, struck a child on a bicycle in a crosswalk and then left the scene of the accident. The defendant had never been in trouble before and therefore she was shocked and confused about the situation. Furthermore, she was concerned she would be sued by the child’s parents if she was found guilty.
After our Treasure Coast Attorney met with the defendant and calmed her, it became clear that she was in fact not guilty of a crime at all. Although she did indeed eventually leave the scene of the accident, it wasn’t before she stopped her car and spoke with the child. The child told her that he was alright, did not need any medical attention and began to leave the scene. The defendant satisfied the actions a person is required to complete under Florida Law. Moreover, the defendant drove straight home and contacted police to report the incident. The defendant was also adamant that she had the green light and therefore had the right-of-way. It appeared the police reacted on emotion to a crash involving a child and inappropriately disregarded Florida Law. Based on this legal analysis, our firm’s attorney convinced the prosecution to drop all charges including the civil infraction.
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08/25/2010 |
20XXXT02XX424AXX |
DUI |
Facts: The Defendant was observed traveling westbound on Atlantic Avenue at 2:00 a.m. tailgating another vehicle. He then made a sharp lane change and continued changing lanes in and out of traffic. He was paced going 60 miles per hour in a 35 mile per hour zone. He then began driving on the solid white line for 2 blocks in the middle of 2 lanes. The Defendant then blew through a solid red traffic light that had been red for 3 or 4 car lengths. The Officer conducted a traffic stop and noticed the Defendant had bloodshot, glassy eyes. He smelled an odor of alcohol coming from his breath and his movements were slow while retrieving his documents. He told the officer he had been drinking at Cabanas celebrating his daughter’s engagement and that he “was going a little too fast”. He said he had 2 vodka beverages. His speech was slow, slurred and mumbled according to the officer. The Defendant failed to maintain his balance during the starting position for the walk and turn, started before being told to, missed heel to toe on every single step, stepped off the line 2 times and took 10 steps on the return instead of the 9 as instructed. During the one leg stand task, the defendant swayed while balancing, used his arms to balance, put his foot down 2 times and stopped counting at 20 and started over instead of continuing to 30 as instructed. During the Finger to Nose task, the Defendant failed to return his arm to his side and touched his nose with the middle of his finger on every attempt instead of using the tip of his finger. During the counting task, the Defendant skipped the number 14 and had to correct himself and used his arms to recover his balance. He was taken to the Breath Alcohol Testing Facility where he was asked to submit to a breath. At first, he was not sure if he should take one and then decided to submit to a breath test. He blew a .096 and .093. He told the officer he got to Cabanas at 9:00 p.m. and drank 2 vodka sodas. He was not sure when he had his first and was not sure when he had his last. The Firm argued that the State could not prove the case beyond a reasonable doubt and no evidence was admitted to show what the Defendant’s breath was “at the time of driving”. Additionally, the Officer’s testimony was inconsistent with the video evidence of the Defendant and therefore he was not a credible witness. After deliberations, the jury returned a verdict of not guilty.
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08/24/2010 |
20XXCTXX20XX1AXX |
DUI |
FACTS: The Defendant was observed by a witness passed out behind the wheel of his car in a Publix parking lot. His head was down with his chin hitting his chest. After hitting the drivers door and hitting the window several times, the driver could not be woken up. The car was running and the Defendant’s hand was on the shifter. When the Police arrived, the Defendant was woken up and he admitted to drinking 5 or 6 beers. When asked to perform roadside exercises, he refused and was arrested for Driving Under the Influence. He was taken to the Breath Alcohol Testing Facility where he refused to submit to a lawful test of his breath. The State declined to file charges for Driving Under the Influence.
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08/24/2010 |
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Boating Under the Influence |
The Defendant was seen operating his 42 foot boat in the inter-coastal recklessly just before sunset. The officer stopped the boat and noticed that it had no lights on and that the window shades were down, blocking the driver’s view. The operator smelled of alcoholic beverages, had slurred speech and red/glassy eyes according to the police. When asked to put the boat in reverse, the Defendant had trouble following the instruction, and put the boat in the drive position. The officers found an empty bucket with 10-12 empty Corona beer bottles in it. Once on shore another officer arrived to conduct a BUI investigation. After completing the HGN examination the Defendant was arrested. While being escorted off of the dock, the officer said that he needed to hold on to his arm, as he was about to fall into the water due to his unsteadiness. After being offered a breath test, the Defendant refused. Our firm filed a Motion for Speedy Trial, and thoroughly cross examined the State’s witnesses during trial. During the testimony of the 3rd police officer, the State conceded that their ”ship was sinking” and they decided to drop the BUI charge. |
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08/13/2010 |
20XXX00XX295AXX |
DUI |
Facts: The Defendant was parked behind closed businesses late at night around 1 a.m. When the officer noticed the vehicle, he drove towards him and the Defendant immediately pulled out of the area and left the scene. The tint on the windows was too dark for the officer to see in the car. A DUI officer was called to the scene due to the defendant smelling of alcohol and showing other signs of impairment. The Defendant was standing against his pickup truck when the DUI officer arrived and his eyes were bloodshot and glassy and his eyes were droopy. His speech was slurred and he had a difficult time focusing. He stated he was coming from the bar and had 5 beers. He told the Officer that his speech is normally not slurred. The Defendant said he had been through this “shit before” and refused to do any roadside exercises. He was arrested for Driving Under the Influence and taken to the West Palm Beach Police Department where he was asked to submit to a lawful sample of his breath to determine the alcohol content. The Defendant refused to give a breath sample. When asked whether he could feel the effects of the alcohol on video, the defendant said “Yes”. He also changed his story and said he had not been drinking at all. The Firm took depositions of the first officer who stopped the Defendant as well as the arresting officer. The State had initially offered a plea involving four months in jail. After filing a motion to suppress arguing that the Defendant was stopped without any reasonable suspicion of criminal activity and providing the State Attorney with copies of the depositions, the State of Florida dropped all charges against him
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08/12/2010 |
20XXXT00XX6951AXX |
DUI |
Facts: The Defendant was observed driving the wrong direction on a one way road towards a police officer’s moving vehicle. After being stopped, the deputy observed the defendant’s eyes to be bloodshot and glassy. She smelled an odor of alcohol coming from the Defendant’s breath. A DUI officer responded on scene and conducted a DUI investigation. According to this officer, the Defendant’s movements were slow and he swayed while he stood. He stated he had 3 glasses of wine and then changed his story to 2 glasses of red wine about an hour or two before driving. He said he was coming from an unknown sports bar and could not advise why he was driving the wrong way on a one way street. He performed poorly on the roadside tasks and was arrested for DUI. When taken to the Breath Alcohol Testing Facility, he refused to give a sample of his breath. The firm took the depositions under oath of the stopping officer as well as the arresting officer. The Firm was able to gather evidence from the stopping officer that she was going to let the Defendant go. This was after she testified that she made over 10 DUI arrests in the past. The arresting officer testified that he had no knowledge of this fact. After bringing these points to the attention of the Assistant State Attorney, the charges for Driving Under the Influence were dropped by the State of Florida.
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08/09/2010 |
CTX-0062XXXX |
Felony Leaving the Scene of an accident |
The Defendant was involved in a two car accident as a result of running a stop sign. The Defendant was uninjured but one of the passengers in the other vehicle was injured. The Defendant left the scene of the accident to retrieve his wallet. While the Defendant was gone, a police officer arrived to investigate the traffic crash. Because the Defendant had left the scene and one of the passengers was injured, the officer charged the Defendant with leaving the scene of an accident with injury to another, a third degree felony.
Result: Due to an inconsistency with the ticket, the Defendnat was not arraigned for over 197 days after he was charged. The firm filed a motion for discharge, which was granted.
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08/04/2010 |
20XXXT0XX026AXX |
DUI |
The Defendant was driving on Lakeworth Road without his headlights on. The officer paced the vehicle traveling 53 miles per hour in a 45 mile per hour zone. The Defendant’s vehicle then began to swerve within its lane. After initiating a traffic stop, the Officer noticed that the Defendant’s breath smelled like alcohol and his eyes were glassy, red and bloodshot. His movements were slow and he had difficulty completing thoughts or sentences. While standing, he would stumble to the left or right. After each question posed by the officer, the Defendant would request that it be repeated since he was “unable to focus on what was being said”. While walking to the parking lot to do the roadside exercises, he stumbled several times and slowed to catch his balance. He spontaneously stated that he “came from McKenna’s Bar and only had 4 beers”. His speech was slow and deliberate. He performed poorly on roadside exercises and was arrested for DUI. He stopped the one leg stand and said he just couldn’t do it and repeated a letter in the alphabet while singing it instead of saying it slowly. At the Breath Facility, he gave two samples of his breath which yielded results of .055 and .059. He was questioned about his consumption of alcohol at the breath facility and he responded by stating that he “was no longer under the influence”. The Firm contacted the State Attorney’s Office pre-filing to attempt to stop the charge of DUI from being filed against the Defendant. After speaking with the State of Florida, the Firm was able to convince them that the case could not be proven beyond and to the exclusion of every reasonable doubt and the State declined to file the charges.
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07/19/2010 |
09-2XXX84XXM10A |
DUI |
The Defendant was charged with 4 separate counts of DUI causing Property Damage. The Defendant was involved in a multi-vehicle accident located at State Road 84 and Davie Road in Davie, Florida. Officers arrived on scene and noticed the Defendant to have the odor of an alcoholic beverage on his breath, bloodshot glassy eyes and admitted to consuming alcohol at Bokamper’s Bar and Grille in Plantation after stating to another officer that he had nothing to drink and that he was coming from K-Mart. The Defendant was asked to participate in Roadside Sobriety Exercises, but refused to do so citing numerous injuries and surgeries to his back and to his knees. The Defendant was arrested for DUI and refused to submit to a breath test. The firm filed a Motion to Suppress the Unlawful Detention of the Defendant for roadside exercises based upon the fact that the DUI investigator compelled the Defendant to participate in a roadside investigation for DUI after noticing only that the Defendant’s eyes were red. The State received the motion and dropped all DUI charges.
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07/16/2010 |
09-1XXX4XXXM10A |
DUI |
The defendant was charged with 5 separate counts of DUI causing Property Damage as a result of a 5 car accident that occurred in I-95 near Hollywood, Florida. Florida Highway Patrol Troopers arrived on scene to investigate the cause of the crash. According to the police paperwork several people involved in the accident identified the Defendant as the driver of the vehicle that caused the accident. The Officers noticed the Defendant to have the strong odor of an alcoholic beverage; bloodshot and watery eyes, flushed face and that he was unsteady on his feet. The officers then requested that the Defendant participate in Roadside Sobriety Exercises after making those observations, which the Defendant did. During the exercises, The Defendant could not walk in a straight line, and could not walk heel to toe during the walk and turn exercise. The Defendant was unable to hold his foot off of the ground and nearly fell over during the one leg stand. The Defendant was then arrested for DUI and refused to submit to a breath test. The Firm did a thorough investigation of the case and was able to prove through the use of depositions (sworn statements) that the officer was less than truthful in stating that other parties were able to identify our client as the driver. As a matter of fact, all of the parties gave depositions stating that each had no knowledge of who the driver was at the time of the crash, contrary to what the officer placed in his “sworn” reports. The State dropped all charges.
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07/15/2010 |
20XXCXX03610AXX |
DUI |
The Defendant made a right turn from the middle lane at Town Center Road and Military Trail and then failed to maintain its lane several times. The vehicle kept drifting in and out of the lane. After stopping the vehicle the Officer noticed that the driver smelled of alcohol and her eyes were bloodshot, glossy and she had slurred speech. A DUI officer arrived and asked her if she had been drinking. She stated she just came from Blue Martini and she had been drinking. The Defendant could not walk heel to toe during the walk and turn and did not have good balance during the One Leg Stand. Additionally, she was unable to touch her finger to her nose. During the alphabet task, the Defendant skipped the letter K and only got to the letter S the first time. On the second try, she was only able to get to the letter S. The Defendant was placed under arrest and taken to the Breath Facility at the Boca Raton Police Department. She was asked to submit to a breath sample where she got very argumentative, continually yelling and arguing with the officers about whether to take the breath test. After a significant period of time, the Defendant took a breath test which yielded results of .083 and .085. The Defendant also admitted to taking medication including sleeping pills. The Firm filed motions to exclude a number of different portions of the roadside videos as well as the breath testing videos regarding different medications she takes and the sleeping pills. All of the medications the Defendant took were not “controlled substances” under Florida Law. Thus, the firm argued, they were not admissible should the case have gone to trial. The State agreed to exclude those statements and portions of the video. Result: A week before the trial the State agreed to drop the DUI.
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07/14/2010 |
20XXCXXX00446 |
DUI |
The defendant was driving his intoxicated girlfriend home when an argument ensued between them. They were traveling northbound on I-95 in St. Lucie County when a Florida State Trooper pulled them over. According to the trooper, the defendant was speeding 89/70 and driving erratically by failing to maintain a single lane. The trooper claimed a strong odor of alcohol was coming from the vehicle. The trooper claimed that the defendant walked unsteady, had bloodshot eyes and slurred his speech. The trooper also claimed the defendant had failed the sobriety exercises. The defendant admitted to drinking two beers and a shot of liquor earlier in the evening. After arresting the defendant, the Trooper requested him to submit to a breath test. The defendant refused to submit.
The Firm’s attorney set the case for trial. Prior to trial, the prosecutor attempted to resolve the case by offering a lesser charge of reckless driving. Confident in his representation by the Firm, our client refused the offer and went to trial. The firm’s attorney was able to persuade the jury to find our client NOT GUILTY.
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06/28/2010 |
CXX00629XXXXXX |
Racing on Highway |
On Oct. 11, 2009 the Defendant was stopped for Racing on Adamo Drive. The Defendant denied he was involved in a race. No other vehicles were stopped with the Defendant. The Deputy never created a police report detailing why he believed the Defendant was involved in a race. The State had nothing more than the ticket to build their case. On the day the case was set for trial, the State dropped the racing charge.
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06/22/2010 |
20XXXCT0XX0068 |
Permitting Unauthorized Driver |
The defendant was a passenger in a vehicle that was pulled over by Florida Highway Patrol in St. Lucie County. The driver admitted to the trooper that his driver’s license was suspended. The trooper arrested the defendant for Permitting an Unauthorized Person to Drive claiming the defendant admitted to knowing the driver did not have a valid license but let him drive because she was tired. Defense Counsel immediately demanded a trial. At trial, Defense Counsel cross examined the trooper and was able to show the trooper made material assertions at trial that were not included in his sworn affidavit. Additionally it was established the trooper never investigated who the vehicle actually belonged to; therefore the prosecutor was unable to prove an essential element of the charge – that our client possessed ownership, dominion or control over the vehicle. The Judge dismissed all charges in the middle of trial, prior to Defense Counsel even putting on his evidence. The judge found the prosecutor failed to establish all the necessary elements to proceed further. Our client was found to be NOT GUILTY.
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06/17/2010 |
09-1XXX906XXXM10A |
DUI |
A Fort Lauderdale Police Officer saw the Defendant’s vehicle driving without its headlights on. The officer attempted to stop the Defendant’s vehicle however the Defendant kept driving until she pulled into a parking lot of a convenience store approximately one half mile from the location where he initiated his lights. The stopping officer detected the odor of an alcoholic beverage coming from the Defendant’s breath, bloodshot eyes, slurred speech, and a flushed face. The DUI investigator arrived on scene and made identical observations to those of the stopping officer. The Defendant was then asked to submit to roadside sobriety exercises and she admitted to consuming two glasses of wine between the hours of 7 p.m. and 10:30 p.m. The Defendant performed poorly during the exercises and was not able to follow instructions. Based on the foregoing, the Defendant was arrested for DUI and refused to submit to a breath test. After the Defendant’s arrest, a blue cup filled with an alcoholic beverage was found inside the defendant’s vehicle under the driver’s seat. Result: The State dropped all DUI charges.
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06/16/2010 |
09-0XX1XXXM10A |
Reckless Driving, Carrying Concealed Weapon, Resisting without Violence |
The Defendant was seen by Plantation Police Officers to be involved in a road rage incident. He was driving at a high speed next to another car and intentionally steering it toward the other person’s vehicle and repeatedly cutting it off. The Defendant was stopped by the officer’s and asked to exit the vehicle after the officer saw the defendant was repeatedly reaching behind his seat in attempt to grab something. The Defendant stated to the officer “that he knew his rights” and refused to get out of the car. The officer forcefully took him out of the car and handcuffed the Defendant. The Defendant braced and tensed his arms in order to prevent himself from being removed from the vehicle. The officers then searched the car and found a black butterfly knife and a plastic bag with marijuana residue in it. The Firm took several depositions in regard to this matter and was able to demonstrate the many conflicts between the officers’ versions of the events. Furthermore, the firm presented the State with case law from the U.S. Supreme Court that shows that the search to find the knife and plastic bag may have been unconstitutional. The state dropped all charges.
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06/15/2010 |
09-215XXXMM10A |
DUI |
The Defendant was speeding coming from Boca Raton into Deerfield Beach going 47 in a 30 mph zone. The Defendant continued southbound and began to weave in his vehicle almost striking a curb. The Defendant’s vehicle was stopped by a Broward Sheriff’s Deputy. The Deputy made contact with the Defendant and noticed the odor of an alcoholic beverage, flushed face, bloodshot watery eyes, droopy eyelids and slurred speech. The Defendant repeatedly asked the Officer to explain the reason for stopping his vehicle. The Defendant was then asked to exit his car to perform roadside sobriety exercises. At that time, the Deputy noticed that the Defendant’s pants were open and his pubic area was exposed. The Defendant performed poorly on the exercises and was arrested for DUI as a result. The Defendant then refused to submit to a breath test on video. The video reflected the defendant to have slightly slurred speech and that he was acting in a strange manner. The firm filed a Motion to Suppress the Defendant’s Refusal to Submit to Testing based upon an improper reading of Florida’s Implied Consent Law which the State conceded to. All DUI charges were dropped.
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06/02/2010 |
CT663XXXXXX |
DUI |
On 12-27-09, at approximately 5:20 am, a Deputy reported that he witnessed the Defendant driving on Memorial Highway northbound. The Defendant was traveling 30 mph in a 40 mph zone, while drifting and weaving as they traveled. The Defendant exited Memorial Hwy onto Independence Pkwy which the Deputy noted the Defendant had difficulty negotiating the left bend in the roadway. Once on Independence Pkwy, the Deputy reported that the driver continued to drift and travel 10 mph under the speed limit. The Deputy then alleged the Defendant made a very wide radius turn onto George Rd. At this point, the Deputy activated his emergency equipment and stopped the Defendant for suspicion of DUI. After being stopped, the Defendant was requested to perform field sobriety exercises, which he complied. The Deputy believed the Defendant’s performance on the exercises was unsatisfactory and placed him under arrest for DUI. The Defendant submitted a breath test of .105 and .103. A video camera installed in the dash of the Deputy’s car recorded the entire driving pattern of the Defendant. The firm received a copy of the video and upon examination found the Deputy’s description of the driving pattern to be somewhat exaggerated. The firm filed a motion to suppress based on an illegal stop.
Results: On the day the motion was to be heard by the Judge, the State dropped the DUI charge.
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05/20/2010 |
20XXXT0XXX503AXX |
DUI |
The Defendant was clocked traveling 45 miles per hour in a 35 mile per hour zone with her brake light out. After making an abrupt turn into a gas station, she was stopped by the officer. The defendant smelled of a strong odor of alcohol and had glassy eyes. She said she was working until 11 p.m. and had a glass of wine at work. She then said she went to the Key-Lime House where she had 3 vodka and orange juice drinks. She pulled into the gas station to buy wine coolers to bring to her friends house. During the walk and turn, the defendant did not walk heel to toe at all. During the Finger To Nose exercise, she continually held her hand on her nose after being told numerous times to put it right back down to her side after each command. During the alphabet task, she skipped around and missed some letters. She was taken into custody and charged with driving under the influence of alcohol. While at the Breath Alcohol Testing Facility, the Defendant told the officer that “she knew she should not be driving, but she had to pick up another friend at home who was more impaired. She was asked to submit to a breath test and continually asked the officer what she should do. She asked the officer what would happen if she blew over the legal limit versus if she refused the test. After the officer told her she had to make a decision, she finally refused. The Firm was able to get certain evidence excluded and convinced the Assistant State Attorney on the day of trial to dismiss the charge of Driving Under the Influence.
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05/19/2010 |
5XXX01XXX00XXX03A |
DUI |
A Port St. Lucie Police Officer pulled over the defendant while she was driving a moped. The officer claimed the reason for the traffic stop was that the defendant was in violation of Florida law for not wearing protective eyewear. During the traffic stop, the officer began to suspect that the defendant impaired by alcohol. The defendant submitted to the officer’s requests for her to perform field sobriety tasks. The officer claimed that she performed the tasks poorly and therefore charged her with DUI. Our legal team brought forth a legal motion after it was determined the officer did not make a lawful stop. The law requiring persons to wear eye protection applies only to “motorcycles.” However, the defendant was driving a moped that was powered by an engine less than what is defined as a “motorcycle”; therefore the law did not require her to wear protective eyewear. The DUI charge was dismissed.
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05/13/2010 |
20XXXT03XXX78AXX |
2nd DUI outside of 5 years |
The Defendant was seen driving on Congress Avenue and was clocked going 53 in a 40 mph zone. The defendant was seen by the officer collide with a curb and then weave in and out of his lane. When the officer stopped the defendant he smelled an odor of alcohol on his breath, his eyes were bloodshot and glassy and his speech was slow and slurred. He fumbled through his documents to get his license and handed the officer a registration to a motorcycle instead of the GMC truck he was driving. After being requested out of his vehicle, he was asked to perform roadside exercises. During the walk and turn exercise, the officer testified that the defendant could not maintain his balance in the starting position and paused “several” times (2 or 3) to regain his balance. He testified that the defendant never walked heel to toe and took 10 steps up on the first set and never counted out loud. The Firm pointed out that the video showed the defendant stand perfectly still for the entire starting position, took 9 steps up and 9 steps back as instructed, never paused for even a second to maintain his balance and was actually NEVER even instructed to count out loud. The officer testified that during the one leg stand, the defendant never even got to 30 and did not count out loud. The Firm pointed out that the defendant, on the video, counted all the way to thirty seconds with his foot up and was NEVER even instructed to count out loud. After these two exercises, the defendant was asked to sit back in the driver seat of his truck where the officer then shut off the audio portion of the roadsides. After 2 minutes, the defendant was arrested for Driving Under the Influence of Alcohol and taken to the Breath Alcohol Testing Facility. The officer requested a breath sample and the defendant refused. He told the officer that he had been drinking with his neighbor and he had a couple beers earlier in the evening. The Jury returned a verdict in 5 minutes of not guilty.
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05/11/2010 |
20XX-CXXT-5XXX75 |
Driving While License Suspended |
The Defendant was charged with Driving While License Suspended Habitual and came to hire our services just a few days before he was scheduled for a jury trial. He had 12 prior Driving While License Suspended convictions and as a result was looking at a possible long jail sentence if convicted. After reviewing the case we filed a motion to dismiss all charges on grounds that the case was not prosecuted in the properly prescribed time limits as well as a motion to suppress the evidence in the case because of an unlawful stop of the vehicle. The Judge agreed and dismissed all charges. |
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05/11/2010 |
09-XXX685XXXM10A |
DUI |
The Defendant was found passed out in her own vomit inside her car. The car was in a parking lot, but was in a travel lane in which a person would try to find a parking space and was on an angle. The car’s lights were on and the engine was running, but was in park. The officer repeatedly knocked on the car’s window in an effort to wake the Defendant. Eventually, the officer, concerned for the Defendant’s well being, opened the car door and smelled the pungent smell of alcohol saw the Defendant’s vomit all over the driver’s area of the car. The Defendant’s head was resting against the steering wheel; her feet were on the floor of the car; her hands were hanging by her sides and she was clearly passed out due to alcohol. The officer removed the keys from the vehicle and called for BSO Task Force. The DUI investigator made the exact same observations as the first responding officer in addition to those of slurred incoherent speech; disorientation to place and time and extreme unsteadiness. The Defendant was asked out of the vehicle and was extremely unsteady on her feet. The Defendant told the DUI investigator that she was in Delray Beach even though she was in Fort Lauderdale. The Defendant admitted to consuming vodka drinks and had no idea how she even arrived at that location. The Defendant was then asked to perform roadside sobriety exercises, but could not come close to doing them due to the degree of her impairment. The exercises were stopped and the Defendant was arrested for DUI. The Defendant then refused a breath test. The Defendant was found NOT GUILTY after a two day jury trial. |
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05/07/2010 |
09-1XXX30XXF10A |
Felony DWLS-Habitual Offender |
The Defendant was stopped for speeding 53 mph in a 35 mph zone. The Defendant handed the officer a Florida Identification Card instead of a driver’s license. A records check revealed that the Defendant was driving on a 5 year Habitual Traffic Offender revocation. This case was filed as a felony offense, punishable by 5 years in prison. The firm filed a Motion to Dismiss demonstrating that these charges were unlawfully filed by the State of Florida as a Felony. The State conceded to our Motion to Dismiss and all felony charges were dropped. |
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05/05/2010 |
CTCXXX560XXXXXX |
DUI |
The defendant was stopped for traveling 60 mph in a 45 mph zone. It took the defendant almost ¾ of a mile before he pulled over his vehicle from the time the officer initiated his emergency lights. Upon making contact with the Defendant, the officer immediately noted the odor of an alcoholic beverage. The Defendant stated he was coming from Clearwater and on his way to Tampa. The officer also noticed that the Defendant’s eyes were bloodshot and watery and his speech was mumbled. The officer called for a DUI investigator based on his observations.
The DUI officer arrived and made similar observations as the initial officer. The Defendant was asked to exit his vehicle and he had difficulty opening the door. The Defendant swayed while he stood and continued to talk with a very thick tongue, creating a mumbled slur to his words. The Defendant agreed to perform field sobriety exercises, but alerted the officers to a torn ACL in his right knee. During the walk and turn test, the Defendant became uncooperative and requested to see the officer complete the exercise. When the officer refused, the Defendant said, “just take me to jail and arrest me for DUI.” The Defendant then agreed to perform the exercise after being advised that refusal to do the test could be held against him. The Defendant did not perform the test to the satisfaction of the officer. The Defendant also performed the finger to nose test, which also indicated impairment. The Defendant was placed under arrest for DUI. A search of his vehicle revealed a red cup stuffed between the passenger seat and center console. The cup had ice cubes and a liquid that smelled like vodka. An open bottle of vodka was also found on the floor in the back seat.
Result: The DUI charge was dropped and the open container and speeding tickets were dismissed.
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05/04/2010 |
1XXXM029XXXXX |
Possession of an open container of alcohol |
During the Gasparilla Parade, the Defendant was seen walking on the sidewalk, holding a red cup. The officer approached the Defendant and asked him for identification. The Defedant provided a valid driver’s license and also verbally identified himself. The officer noticed a distinct odor of alcohol coming from the Defendant’s person. The defendant also stated, “It’s just beer” when asked about the contents of his cup. The Defendant was then arrested for possession of an open container of alcohol.
Results: Case was dismissed by the Judge.
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05/04/2010 |
09-2XXX9XXXM10A |
DUI-Property Damage |
The Defendant was traveling on I-595 Westbound and crashed into another vehicle at a high rate of speed. A Florida Highway Patrolman arrived at the scene of the crash and witnessed the Defendant place a large piece of bubble gum in her mouth. The patrolman noticed that the Defendant had a strong odor of an alcoholic beverage coming from her facial area and her eyes were bloodshot, red and watery, the patrolman requested that the Defendant perform roadside sobriety exercises and she agreed. The Defendant performed the roadsides poorly. The Defendant actually walked backwards during the second set of 9 steps during the walk and turn. She also used her arms for balance and did not touch heel to toe. During one leg stand, the Defendant put her foot down repeatedly, swayed significantly, and repeated several numbers while counting. The Defendant was arrested for DUI and refused the breath test. The State dropped all charges. |
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04/30/2010 |
200XXXT0XX581AXX |
Driving Under the Influence, Causing or Contributing to Damage to Person or Property |
An officer was approached by a passerby at approximately 6:55 a.m. that a vehicle was partially in a canal on Military Trail. The officer arrived on scene and saw the truck had driven over a guardrail and smashed through it. The vehicle was resting on a fence that divides the roadway from the Canal. The Defendant stated that his power steering went out and that he drove off the road. The other person on scene said that the Defendant abruptly swerved to the left and went through the guardrail. There were no brake marks on the roadway. The Defendant’s eyes were red and bloodshot and his face was flush. He was pacing around in the area and continuously smoking or chewing gum. He produced incorrect documents and had a strong odor of alcohol coming from his breath. He stated he was coming from the Blue Boar Local Bar and that he had 4 to 5 beers. He was requested to perform roadside tasks and refused to perform them. After being arrested for Driving Under the Influence, he was taken to the Breath Center where he was asked to submit to a sample of his breath to determine the alcohol content. The Defendant refused to give a breath sample. The Firm filed a motion to suppress any and all statements made to the officers on scene as a violation of the accident report privilege due to the Defendant not being Mirandized. The State agreed to exclude all of those statements. Additionally, the Firm took the depositions of the arresting officer and the crash scene investigator. Both transcripts indicated that the facts were not sufficient for the State to prove the case beyond a reasonable doubt. The crash officer admitted in deposition that the Defendant was “not exhibiting the normal signs of someone who was impaired.” Result: The State read both the transcripts and dropped the DUI charge.
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04/29/2010 |
20XXXT00XXX97AXX |
DUI |
The Defendant was driving on Jog Road North of 10th Avenue where he was weaving and crossing over onto the inside lane and back to the center lane and onto the outside lane. The vehicle drove this way for 1 mile and almost collided with the raised concrete curb 4 times within a ½ mile. The officer immediately noticed a strong odor of alcoholic beverage emitting from his breath and his eyes were bloodshot red, watery and glassy. His speech was slurred and mumbled at times. When asked for his documents, he fumbled through his wallet. When asked to step out of the car, he fumbled for the door handle and was unsteady as he exited the vehicle. When he was first asked if he had been drinking, he said he had not and then later changed his story to a couple drinks. During the Walk and Turn, the Defendant could not keep his balance, started the task 3 different times before being told to and missed heel to toe on 6 of the steps. He turned around improperly and the wrong way as well. During the One Leg Stand, the Defendant started the task 3 times before being told to and put his foot down numerous times. Additionally, he kept counting past 30 seconds when he was told to stop at 30. He also would not look at his foot like instructed. During the alphabet task, the Defendant missed and jumbled letters the first time and did it correctly the second time. He was placed under arrest and taken to the Breath Testing Facility where he gave a breath of a .082 and .082. The Firm filed a motion to suppress all of the Defendant’s statements that he made at the Breath Testing Facility as they were made in violation of his right to remain silent. The State agreed to the motion. Additionally, the Firm convinced the State that the evidence did not establish that he was under the influence at the time of driving. Result: The State agreed and dropped the DUI charge on the day of trial.
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04/27/2010 |
0XXT00XXX4907 |
Leaving Scene of Accident |
The defendant was arrested by Port St. Lucie Police for leaving the scene of a crash after a witness claimed the defendant backed her truck into an unoccupied car in the parking lot of a pharmacy. Upon research and investigation into the alleged facts by the firm’s attorney, it was established the State of Florida would be unable to prove that a crash had occurred as there was no damage to our client’s vehicle. Furthermore, even if a crash did occur, the State of Florida would not be able to prove that our client had knowledge of the crash. The firm’s attorney immediately set the case for trial. The State of Florida dismissed all charges on the day of trial.
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04/26/2010 |
20XXXT0XXX45AXX |
DUI |
The Defendant left the Key Lime House at about 11:45 p.m. on November 9th, 2009 when the officer witnessed him throw a cup of beer in the parking lot. The officer requested that the defendant pick up the cup and throw it out. The Defendant was mumbling and almost fell over. The officer asked if someone was picking him up and he said he had a friend coming. The officer then followed the defendant to his car where she saw him jump in and proceed to drive. She attempted to open the door and flash her flashlight at him and told him to stop. He then hit the gas and accelerated a high rate of speed onto Ocean Blvd. The Officer then called dispatch and advised the tag number of the vehicle through a BOLO. Another officer in the area then saw the defendant’s vehicle which almost struck his vehicle. The officer had to break to avoid a collision. This officer contacted the Officer from the Key Lime House and she arrived on scene to conduct a DUI investigation. During the walk and turn, the defendant had to be instructed 3 times how to perform the task and never touched heel to toe. He did not count his steps out loud and was stumbling on the video. The Defendant could not complete the one leg stand after numerous attempts to explain it. During the finger to nose task, the defendant kept lifting his foot and legs as if he was instructed to walk even though he was never told to do that. The Defendant was not able to get past the letter G on the alphabet task and had to terminate that task. He was arrested for DUI and taken to the Breath Facility where he refused a breath test. The Firm spoke to the State about the possible problems with the case, including the fact that there was no audio on the roadside tape and the breath testing video did not depict a person who was impaired as the Officer explained in her reports. Result: The State agreed on the day of trial to drop the DUI charge.
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04/23/2010 |
0900843XXXXX, 0900843XXXXX |
Driving while license suspended and leaving the scene of an accident |
The Defendant was involved in a 2 car accident. The Defendant stopped and spoke with the other driver after they pulled into a parking lot. The Defendant provided his business card to the other party and left the scene. When an officer arrived to the scene and spoke to the driver of the second vehicle, she relayed this information to the officer. The officer then called the Defendant and spoke to him about the details of the crash. The officer then ran the Defendant’s driver’s license and found it was suspended. The Defendant was charged with driving while license suspended with knowledge and leaving the scene of an accident without providing proper information.
Result: The State dropped both the driving while license suspended with knowledge and leaving the scene of an accident charges.
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04/22/2010 |
10-CM-20XXXXX |
Possession of Open container |
The Defendant was walking away from Bayshore Ave on Rome Street during the Gasparilla parade carrying a plastic cup. The Defendant, along with 3 other individuals, was stopped by a Tampa Police officer to determine the contents of their cups. After this stop, the officer asked the Defendant about the contents of the cup, which he replied was an alcoholic beverage. The Defendant was cited for possession of an open container of alcohol.
Results: The firm filed a motion to suppress the evidence. After the judge granted the motion, the State dismissed the charge against the Defendant.
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04/19/2010 |
XX99-MXXXM-8X8 |
DUI |
This DUI case involved an Officer who stopped the defendant for going too slow and having a vehicle that was stalling out. Once stopped the officer stated that he noticed the smell of alcohol, and asked the defendant to perform roadside sobriety exercises. The officer then requested that the defendant submit to a blood draw to determine his blood alcohol content. The defendant was then charged with Driving Under the Influence. After a motion to dismiss was filed the State Attorney agreed to drop all charges.
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04/16/2010 |
20XXT0XXX974AXX |
DUI |
The Defendant was driving at 1:30 a.m. on A1A when an officer observed his brake light out and his tag expired. After stopping the vehicle, the officer approached the defendant\'s car. The Defendant had a cooler of beers in the bed of his truck with several empty beer cans spread around. After speaking with the defendant, the officer noticed that his knuckles were red and scratched. The Defendant stated he was mad at his mother. The Defendant was asked to step out of the car where he was unsteady on his feet and needed to use his car to support himself. The officer then noticed that the Defendant had an odor of alcohol coming from his breath. He admitted that he had been drinking earlier that day. The officer then asked him to perform roadside exercises. On the Walk and Turn exercise, the Defendant stumbled on the first step, raised his arms to balance himself on the 6th step, spun around improperly, asked how he was supposed to return after the first 9 steps up and swayed throughout the exercise. During the One Leg Stand, the Defendant put his foot down on the 9th count and started over instead of counting where he left off. He also raised his arms to balance himself and swayed throughout the exercise. During the Finger to Nose, the Defendant touched his lip on several attempsts instead of his nose and used the wrong hand on one occasion. He also swayed throughout this exercise. After being arrested, the Defendant was taken to the Breath Alcohol Facility. The video of the Defendant was introduced and shown to the Jury. The Defendant was wearing a white T-Shirt with BIG BLOCK BOLD LETTERS that stated: \"I AM NOT DRUNK! I AM JUST NORMALLY A LOUD, FUNNY AND CLUMSY PERSON\" The Defendant separated his legs on the video as if to steady himself while standing. He was asked to give a breath test and refused. After a two day jury trial, the jury returned a verdict of Not Guilty. |
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04/15/2010 |
CTXX00727XXXX |
DUI |
While on patrol, a DUI officer noticed a vehicle stopped at the red light of Brorein and Franklin St. The vehicle was completely beyond the stop bar. The vehicle lurched forward several times before the signal changed and then accelerated rapidly. The driving pattern indicated that the driver was possibly impaired.The officer then made a traffic stop.
The driver had a distinct odor of alcohol on her breath and her eyes were bloodshot and glassy. The Defendant had an unsteady appearance that was consistent with that of an impaired driver. The officer then administered field sobriety exercises. The Defendant failed to maintain her balance, started prior to being instructed, did not touch heel to toe, stepped off the line and took the wrong number of steps on the walk and turn test. On the one leg stand test, the Defendant had to put her foot down and swayed. The Defendant was placed under arrest for DUI. She refused to provide a breath sample.
Results: Case was set for trial and the State dropped the DUI charge.
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04/14/2010 |
20XX-CXXT-5XX51XX |
DUI |
The defendant was pulled over for making an illegal left turn and driving around 3 orange barrels. The officer noticed an odor of alcohol on the drivers breath, bloodshot eyes, and slow speech. He also noticed that he was unsteady when he exited the vehicle. After performing field sobriety exercises, the defendant was arrested for DUI and taken to jail. He refused to give the officer a breath sample. On the day of trial, the state dropped the DUI Charge. |
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04/13/2010 |
09-CXT-00511XXXX |
Racing |
An officer was parked with his window open on Platt St. The officer’s attention was caught by the sound of two loud engines. The roar of the engines indicated that the vehicles were traveling at a high rate of speed. The officer then observed the 2 vehicles traveling at an estimated speed of 70 mph. Both vehicles continued to attempt to outgain one another as they passed the officer. The two vehicles then came to a stop at a red light which allowed the officer to catch up to them. As the officer pulled up behind the 2 vehicles, the light turned green and the Corvette abruptly accelerated from a stopped position. The Defendant was soon traveling at a high rate of speed again. The Corvette’s speed was clocked at 60 mph in a 40 mph zone. At this point the officer activated his overhead lights and conducted a stop on the Corvette. The Defendant was asked if he was racing the other car and he said “No, I wasn’t trying to.” The Defendant was arrested for Racing on the Highway.
Results: The case was set for trial and on the day of trial, the State dropped the racing charge.
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04/13/2010 |
08-137XXX41MXXM10A |
DUI |
This case involved the Defendant’s second DUI offense within 5 years of a prior conviction, which is punishable by mandatory jail time and a 5 year driver’s license revocation. The Defendant was clocked by a road patrol officer for the Davie Police Department going 90 mph in a 50 mph zone. The officer initiated a traffic stop and noticed the Defendant to have the odor of an alcoholic beverage on his breath; bloodshot and watery eyes; and needed to use the door of his vehicle for assistance when he exited his vehicle. The Defendant was then taken to an area for roadside sobriety tests. The Defendant put his foot down several times during the one leg stand and began counting in a scattered manner during that exercise. During the walk and turn exercise, the defendant missed walking heel to toe on at least four occasions and could not maintain the instructional position. The Defendant was arrested for his second DUI and refused the breath test resulting in the suspension of his driver’s license. The Defendant also admitted to consuming multiple alcoholic beverages prior to driving. The Defendant was found not guilty by a jury after trial.
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04/12/2010 |
200XXXT03XX41AXX |
Driving on A Suspended License (5 year DUI Revocation) |
The Defendant was driving his vehicle at night when a police officer with the Boca Raton Police Department stopped him for failing to stop at a stop bar. The Officer gave the defendant a warning for failing to obey a traffic control device. After running the Defendant’s license, the Officer found that it was suspended for 5 years due to 2 DUI convictions within 5 years. The Defendant’s license was still suspended and he did not have a hardship license nor an interlock on his vehicle. The State of Florida offered the defendant forty-five days in the Palm Beach County Jail in exchange for a guilty plea. The firm took the deposition of the police officer to determine what facts the officer had to support his probable cause. The officer could not recall whether he was behind the defendant or to the side of him. He could not recall how far past the stop bar the defendant was parked. He could not recall whether there was a crosswalk or any pedestrians in the road. The Firm then filed a motion to suppress arguing that the Defendant was stopped without probable cause of a traffic infraction. The Judge granted the motion and the State dropped the charges.
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04/12/2010 |
CT-00717XXXXX |
DUI |
The officer was eastbound on Kennedy Blvd when he observed the Defendant’s vehicle about four car lengths ahead of him in the left lane. The Defendant drifted on and off the left lane marker. The Defendant then drove about half-way into the westbound left turn lane before returning into his lane. The Defendant then turned left at the next intersection. A stop for possible DUI was conducted.
The Defendant immediately exited his vehicle and appeared unaware of the officer’s activated overhead lights. The Defendant was noticed to have an odor of an alcoholic beverage on his breath and his eyes were bloodshot and glassy. The Defendant refused to perform field sobriety exercises even after being warned that his refusal would be used against him in court. The Defendant was placed under arrest for DUI and refused to provide a breath sample.
Results: State dropped the DUI charge.
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04/01/2010 |
09-0XXX64XXM10A |
DUI |
This case was the defendant’s second DUI within 5 years of a prior DUI conviction and requires a mandatory jail sentence and 5 year driver’s license revocation and the imposition of an interlock device (breathylizer) on the vehicle, if convicted. On June 26, 2009, the Defendant was traveling on I-595 just west of Nob Hill Road. The Defendant was driving in stop and go traffic and the vehicle in front of the Defendant’s vehicle stopped suddenly. In an attempt to avoid the collision (which he was unable to) the Defendant lost control of his vehicle; hit the vehicle in front of him; left the roadway and crashed through a fence separating I-595 and SR 84. A Florida Highway Patrol Trooper arrived on scene to investigate the crash and noticed that the Defendant had a strong odor of an alcoholic beverage, bloodshot and watery eyes and was extremely unsteady on his feet. The Defendant was identified as the driver of the vehicle and was asked to perform roadside exercises. During the roadside exercises, the Defendant almost fell several times and was arrested for DUI. The Defendant refused to submit to the breath test. All DUI charges were dropped by the State.
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04/01/2010 |
20XXXT00XX544AXX |
Racing |
The Defendant was charged with Racing on a Highway. The officer alleged that the Defendant was drag racing and accelerating in an occupied parking lot. The Defendant was facing an automatic one year license suspension should he have been found guilty of the crime. The Firm filed a Motion To Dismiss the criminal charges immediately citing case law in the 4th District Court of Appeal holding the Racing Statute unconstitutional. On the day of the hearing, the State agreed and dismissed the charge.
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03/31/2010 |
20XXXT0XX502AXX |
DUI |
The Defendant was observed by an officer spinning his tires and fishtailing his vehicle across two lanes of traffic onto the I-95 ramp. The officer then activated his emergency lights when the defendant slammed on his brakes almost causing the officer to rear end the vehicle. The defendant stopped his vehicle and was approached by the officer. He had a blank and confused stare on his face when asked by the Officer if he knew why he was stopped. The Defendant then took 5 or 6 minutes to look for his license and registration and finally handed the officer his credit card. The Defendant admitted to drinking 3 beers, he smelled like alcohol and his movements were slow and lethargic according to the officer. Additionally, while waiting for the DUI Task Force officer, the Defendant fell asleep and was slumped over in the car with his head down. After being woken up by the officer, he was requested out of the vehicle to perform roadside tasks. He admitted to this officer that he had drank only 1 beer. He was asked to perform the walk and turn where he could not stand in the starting position and was unsteady on his feet. He had to be instructed more than 4 times how to conduct the walk and turn exercise. According to the officer, he only walked heel to toe 2 times out of 18 steps. On the one leg stand, the defendant could not hold his foot up for more than 9 seconds and put his foot down 4 times. During the Finger to Nose exercise, the Defendant missed the tip of his nose on 2 occasions and used the left hand when the officer called the right hand twice in a row. The Defendant also stated “that is a good trick” when the officer instructed him on the finger to nose exercise. The Defendant was placed under arrest and was taken to the breath alcohol testing facility where he refused to give a sample of his breath. He said that he drank the night before and there might be something in there. He was advised his license would be suspended for 1 year but still refused to give a sample of his breath. The Firm challenged the State’s evidence and vigorously cross examined the two officers involved in the case. The Jury deliberated for 5 minutes and returned a verdict of Not Guilty.
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03/30/2010 |
CT00056XXXXX |
DUI |
Florida High Patrol trooper was dispached to the scene of a crash on I-75 south. Upon his arrival, he determined it was a single vehicle crash. He met with 1 witness who stated he saw the Defendant veer off the roadway where she struck a sign post with the front of her car. The trooper met with the Defendant who had a strong odor of alcoholic beverages on her breath. She also had bloodshot and watery eyes, slurred speech and was incoherent. She was unable to communicate any details about the crash. The Defendant was unable to stand for even short periods of time. When asked to stand while the trooper explained his presence at the scene, the Defendant stated, “she had to go to sleep” and then laid on the ground. The trooper had to assist her off the ground and placed her under arrest for DUI. An open container of alcohol was found inside the vehicle. While transporting the Defendant to the Central Breath Testing, the Defendant began screaming obsenities and demanding heart medicine which was supposed to be in her purse. A search of her purse revealed no medication.
Upon arrival at the jail, the Defendant was unable to walk and had to be assisted into the building to central booking. The trooper requested a breath sample once inside the Central Breath Testing center. The Defendant was read Florida’s Implied Consent law and she refused to respond in any way. Her silence was treated as a refusal and she was booked for DUI.
Results: the State attorney’s office dropped the DUI charge and the Judge dismissed the open container citation.
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03/30/2010 |
08-01XX78XXXM10A |
DUI |
The Defendant was stopped by an Officer from the Seminole Police Department for weaving in and out of traffic and traveling at a high speed as he proceeded toward the Hard Rock Hotel and Casino. Upon making contact with the Defendant, the officer noticed the Defendant to be unable to handle his vehicle documentation; that he had the strong odor of an alcoholic beverage; bloodshot and glassy eyes; and that his speech was slurred and incoherent. When the Defendant exited his vehicle he almost fell to the ground. The Defendant was asked to perform roadside sobriety exercises, but they had to be stopped due to the Defendant’s appearance that he would fall and hurt himself and because he was unable to perform them in a manner to dispel the officer’s belief that he was DUI. The Defendant was then arrested for DUI and refused to submit to the breath test. The firm filed a Motion to Suppress the traffic stop which was granted. The firm was able to prove several inconsistencies within the officer’s testimony concerning what the Defendant did wrong while driving and, ultimately, prove that no traffic violation was committed prior to the stop. The State dropped all charges
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03/30/2010 |
10-XXM-00XXX5; 10-MXXM-00XXXX2; 10-MXM-0000XXX0; 1 |
Possession of Cannabis |
All of these cases were part of the same case and we represented all four defendants. The case involved four individuals in a vehicle who were stopped for having a non functional left brake light. Upon stopping the vehicle the officer detected a smell of marijuana and asked the defendants to step out of the vehicle. The officer then asked where the marijuana was in the vehicle. The defendants talked for a moment and then opened their glove box and handed the marijuana to the officer. All four defendants were charged with possession of marijuana and possession of drug paraphernalia. After we filed a motion to suppress all the evidence in one of the cases, the State Attorney’s office agreed to dismiss all charges against all four defendants.
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03/30/2010 |
09CXXXF3XXX50 |
Lewd or Lascivious Conduct (3 Counts) |
The defendant was arrested for three counts of Lewd or Lascivious Conduct on a child. He was facing a maximum punishment of 45 years in prison. The prosecution made an offer of 12 years prison to resolve the case. After hiring us, our legal team began combing through the State’s evidence. It was found that the named victim, a fifteen year old girl, told her mother that she and our client had been having sex for five months. The named victim did not tell her mother this until four months after the alleged last sexual encounter. It took the mother another two months before she called the police to report the alleged conduct. Once assigned to the case, the detective merely took statements from the named victim and her mother before making the decision to arrest the defendant. The detective did not attempt to get any evidence that would corroborate the named victim’s allegations. The detective never attempted to speak to witnesses, he never attempted to find blood, saliva, semen, hair or any other DNA or fingerprints from the numerous locations the named victim stated she had sex with the defendant. Furthermore, the detective never bothered to find out what the results of the named victim’s medical testing were or what evidence, if any, was located on a computer the named victim stated she communicated with the defendant. Our legal team took the case to trial. In the midst of trial, the prosecutor made an offer to drop two counts and to a 3 year prison sentence. The defendant client accepted the offer, which was 75% lower than the original one.
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03/25/2010 |
09-23XX3MXXM10A |
Petit Theft |
The Defendant entered a Walgreen’s Pharmacy and attempted to remove a pack of razor blades. The Defendant made no efforts to pay for the item and passed all points of sale. The Defendant attempted to leave the store and was apprehended by a loss prevention officer. The Defendant admitted his attempt to steal to the loss prevention officer. The State dismissed the charge for Petit Theft.
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03/24/2010 |
0XX9-CT-00XXX210 |
DUI |
This case was a DUI that involved the defendant being stopped for an extensively bad driving pattern: following too closely, improper lane change, crossing the stop bar, and weaving across lanes of traffic. Once stopped the defendant admitted to having two beers over the course of six hours and to taking prescription muscle relaxers. After an extensive review of the case it was discovered that there were numerous problems with the State’s case, mainly that a drug test was never requested by the officer involved in the case and that the defendant’s performance on the roadside exercises were not bad enough to be indicative of impairment. The State Attorney’s Office amended the DUI charge to reckless driving.
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03/05/2010 |
MXXM10-0XXX06X5-BA |
Drug Possession |
The defendant was charged with maintaining a vehicle for drug use. The defendant\'s vehicle was stopped for having a cracked windshield in the middle of his field of vision. During the stop the officer asked for permission to search the vehicle, which the officer alleged was given. While searching the vehicle it was discovered that the passenger’s jacket contained methamphetamine and over $5,000.00 in cash. In addition, the officers discovered many tiny statues and items relating to “Santisima Muerte” commonly referred to as “The Death Saint”. The police were alleging that the defendant was maintaining his vehicle for selling drugs because they found drugs on a person in the car, significant amounts of cash, and that “The Death Saint” is known as the drug dealer’s saint. After we researched the issue and spoke with the State Attorney, the State Attorney agreed that the evidence in the case was not enough to continue with a case against the client for maintaining the vehicle for drug use and dismissed the case.
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02/17/2010 |
200XXTXXXX532AXX |
DUI |
The Defendant was stopped for running a red light. Once the Defendant was stopped, he attempted to exit the vehicle without it being in park. He was ordered to get back in his car when he attempted to exit his vehicle another 3 times after already being ordered to get back in his vehicle. The officer approached the Defendant and he was chewing an unknown substance excessively. When asked for his license and registration, he fumbled through his wallet and glove compartment for over a minute when his license was right in the front of the wallet in plain view. A DUI unit was called and the Defendant was asked to exit the vehicle where he had to hold onto it for support. The Officer smelled an odor of alcohol coming from the Defendant’s breath, his eyes were bloodshot, glassy and watery and his speech was slightly slurred. During the Walk and Turn, the Defendant fell out of the starting position and turned improperly. He did not count out loud as instructed and turned improperly stumbling a bit to the side. He then stepped off the line 2 more times on the way back not counting out loud. During the One Leg Stand, the Defendant hopped when he first picked his foot up and then stumbled backwards. He then put his foot down after 12 seconds and had to be reminded to continue where he mixed up the count at 15 one thousand and instead said 18 one thousand. During the Finger to Nose Exercise, the defendant was swaying back and forth and when the Officer called the right hand twice, the Defendant used his left hand instead of the called right. He also kept opening his eyes contrary to the instructions to keep them closed. When asked to recite the Alphabet from A to Z, the Defendant slurred his speech, said it very quickly and said T, R, X, T, W, X, Y, Z. The Defendant admitted on scene that he had drank a couple of beers and had taken codeine for a cold. After he was placed under arrest, he was taken to the Breath Alcohol Testing Facility where he refused to give a sample of his breath after being told his license would be suspended for 12 months for the refusal. He admitted, post Miranda, to drinking 2 - 16 ounce cans of beer 45 minutes before he drove, admitted to taking the codeine just prior to drinking the beers, and admitted that he “could feel the effects of the alcohol”. The State of Florida called an expert forensic toxicologist to testify that he reviewed the arresting officer’s reports and the videos and in his opinion, the actions of the defendant were consistent with someone impaired by the additive effects of codeine and alcohol. The Firm challenged numerous inconsistencies in the Officer’s Testimony and discredited the State’s Expert Witness through cross-examination. After a 2 day jury trial, the jury returned a verdict of Not Guilty of Driving Under The Influence.
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02/12/2010 |
09-2XXX19XXXXM10A |
Contributing to the Delinquency of a Minor |
Two weeks prior to September 13, 2009, the defendant’s step daughter ran away from home. On September 13, 2009, the child was found by officers of the Sunrise Police Department trespassing in an abandoned home. The child has an extensive juvenile criminal history as well as a history of running away from home. The child was taken to the Sunrise Police Department and the Defendant and his wife were contacted to pick-up the child, which they did. Upon arrival at the Police Department, the child refused to leave with the Defendant and his wife, the child’s biological mother. The Defendant and his wife were advised by Sunrise Police that they would be arrested if they left the premises. The Defendant and his wife left the premises and told police to call the child’s father, which they did. The Defendant’s exited the police department parking lot in their car and were arrested for Contributing to the Delinquency of a Minor. The Firm was able to provide the State with proof from child services that the child was ungovernable. All charges were dropped.
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02/01/2010 |
08-13XX62XXXM10A |
DUI |
The Defendant was stopped for having an expired license plate. Upon making contact with the Defendant the Officer noticed the Defendant to have the odor of an alcoholic beverage about his breath, bloodshot eyes, slurred speech and his large motor skills seemed to be affected. Upon being asked by the officer to produce his driver’s license, the Defendant handed him a credit card. The Defendant admitted he had been drinking prior to getting in the vehicle. The Defendant was asked to perform roadside exercises and performed poorly. The Defendant was arrested for DUI and submitted to the breath test. The results were .136/.141 g/210L, almost twice the legal limit. All DUI charges were dropped by the State of Florida
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01/28/2010 |
09-1XXX34XXMM10A |
DUI |
The Defendant was stopped for speeding 88 mph in a 45 mph zone by a member of the DUI Task Force. The Deputy approached the vehicle and noticed the Defendant to have the odor of an alcoholic beverage, slurred speech, bloodshot watery eyes, and acted in a dazed and unresponsive manner when being spoken to. The Defendant admitted to consuming 5 to 6 drinks in the hour before being stopped as well. The Defendant refused to perform roadside exercises citing that “one leg was shorter than the other” and refused the breath test. The Defendant was arrested and was seen on video passing out in the back of the police car on the way to the jail. All DUI charges were dropped by the State of Florida.
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01/25/2010 |
2000XXXT16XXX68 |
Driving Under Suspension with Knowledge |
A St. Lucie County Sheriff’s Deputy pulled the Defendant over and learned his driver’s license was suspended. The Defendant attempted to explain he had no knowledge of the suspension but was cited for the criminal charge anyways. Once hired, Defense Counsel learned the Defendant’s license was suspended because of an error regarding child support payments. The Assistant State Attorney initially refused to drop the charges after Defense Counsel provided him evidence of the error. Defense Counsel set the case for trial. The Assistant State Attorney then dropped all charges.
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01/25/2010 |
200XXXCXXX0069 |
DUI |
The Defendant crashed his car into a parked car in the parking lot of a hotel. A Ft. Pierce Police Officer responded to the scene and allegedly that he smelled a strong odor of alcohol, noticed the defendant slurred his speech and admitted to having a couple of beers. The Defendant was arrested after performing poorly on the field sobriety tests and refused the breathalyzer.
Defense Counsel immediately began to build the Defendant a strong defense. Defense Counsel learned the Defendant suffered from numerous medical conditions that could affect his performance on the field sobriety tests including cancer, double knee replacements, diabetes, and a bump on the head from the crash. Furthermore, the officer never inquired whether the Defendant suffered from any conditions which may hinder his performance with the tests. Defense Counsel first prepared and won a motion striking all admissions by the Defendant because the officer did not properly adhere to the “accident report privilege.” Then Defense Counsel set the case for trial. The prosecutor dropped all charges right before the trial was to begin.
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01/22/2010 |
200XXXF1XX888 |
Escape, Battery on a Law Enforcement Officer, Resisting Arrest with Violence and Open Container |
A deputy of the Indian River County Sheriff’s Office alleged he observed our client drinking a beer in the parking lot of a bar. The deputy claimed he grabbed our client to arrest him for violating the County’s Open Container Ordinance. The defendant allegedly resisted the deputy’s arrest by striking him in the head and body numerous times. Our client fled to a nearby wooden lot to hide, but was later apprehended by a K-9. Later, out client was alleged to have admitted to “fighting” the deputy. The State Attorney’s Office made a plea offer of 26 months prison to three felony charges.
Once hired, Defense Counsel immediately began working on a defense. Through research, Defense Counsel learned that the Defendant did not actually violate the open container ordinance because the particular ordinance only applies to convenience stores and vacant properties, not bars or restaurants. Therefore, the deputy was actually making an illegal arrest. Furthermore, through defense counsel depositions, it was determined there was no evidence of the defendant striking the deputy such as injuries or witness testimony other than that of the deputy himself. Defense Counsel was also able to track down numerous witnesses who were present in the parking lot and could testify favorably for the Defendant. Lastly, Defense Counsel learned that another deputy was fired by the Sheriff for harassing another citizen a few weeks later while using our client’s name as a reference. This fact showed a possible trend of harassment in this particular area and for our client. Defense Counsel set the case for trial and subpoenaed the Sheriff himself to testify in favor of the Defendant’s case. On the day of trial, Defense Counsel convinced the prosecutor to resolve the case with only misdemeanor charges and NO JAIL TIME.
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01/21/2010 |
09CXXM212XXXX |
DUI, Possession of Marijuana, Open Container and Speeding |
The Defendant was seen driving a black Chevrolet Cavalier at 77 mph in a 50 mph zone. A Deputy stopped the vehicle and made contact with the Defendant. The Defendant was observed to have red watery eyes, slurred speech and odor of alcoholic beverage on his breath. The Deputy requested the Defendant perform field sobriety exercises, which he complied. On the walk and turn test, the Defendant could not keep his balance while listening to instructions, started the test before told to do so, did not touch heel to toe 3 times, lost his balance during the turn and took an incorrect number of steps. On the One leg stand test, the Defendant swayed while balancing and used his arms for balance. During the follow the pen test the Defendant exhibited all 6 possible clues indicating impairment. The Defendant was placed under arrest for DUI. A search of the Defendant revealed 2 hand rolled cigarettes in his right front pocket. The green leafy substance contained in the cigarettes tested positive for marijuana. An open 750ml bottle of vodka was also found in the Defendant’s vehicle. The Defendant was charged with DUI, possession of marijuana, open container and speeding.
Results: The DUI charge was dropped along with the open container and speeding citations. A negotiated plea was reached regarding the marijuana charge which required the Defendant to only have to pay the court costs.
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01/20/2010 |
09-1XX61MXX10A |
Refusal to Sign Summons |
The Defendant was at Fort Lauderdale International Airport and was parked in front of the terminal. Officers approached the Defendant and asked him to move his vehicle to another area. The Officer then issued the Defendant a parking ticket, which the Defendant allegedly refused to sign. The Defendant was also accused of throwing the unsigned parking ticket out of the car window and was charged with littering. The firm was able to produce the original citation that reflected the Defendant’s signature on the citation. All charges were dropped by the State.
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01/14/2010 |
09-9XXX2MXXM10A |
DUI (2nd Offense) |
This is a second offense for DUI. The Defendant was seen by a Broward County Sheriff’s Deputy drifting in and out of his lane on no less than 5 occasions and then straddling the lane markers with his vehicle. The Deputy then saw the Defendant swerve into the right lane almost crashing into a silver Lexus. The Deputy conducted a traffic stop and noticed the defendant had the odor of an alcoholic beverage; bloodshot glassy eyes and was belligerent. A DUI investigator arrived on scene and made the same observations as the stopping deputy and even noticed the Defendant’s speech was slurred and mumbled. The DUI investigator administered roadside exercises and the Defendant was unable to do them. The exercises were video recorded and the Defendant looked impaired by alcohol. The Defendant was arrested for DUI and refused the breath test. The Firm filed a Motion to suppress the roadside sobriety exercises based upon the fact the DUI investigator coerced the Defendant to do them even though they are voluntary under Florida Law. The Motion was granted by the judge; the videotape and all testimony concerning the exercises was excluded. The State Dropped all charges.
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01/12/2010 |
09MXXX001XX314 |
Possession of Marijuana< 20 grams |
An officer of the Port St. Lucie Police Department made a traffic stop on our client, who was present in his car with his girlfriend and baby. The officer began to immediately question our client about his prior use of drugs and eventually received consent to search his car. The officer located the remains of a marijuana joint in the driver’s side door panel behind some paperwork. Our client adamantly denied knowledge of the substance in his car; however, he admitted on camera that he last smoked marijuana the proceeding week. Our client was arrested and faced serious consequences to his professional career as a computer engineer for a well known company. Defense counsel demanded a jury trial. The evidence, as presented by Defense Counsel, brought to light that our client’s brother was known to borrow the car and would occasionally smoke marijuana inside it. Furthermore, the evidence showed the officer failed to take necessary steps that could have proved knowledge, including testing the joint for DNA or finger prints. Lastly, the evidence suggested the officer may have used racial profiling which biased his ultimate decision in making the arrest. At the conclusion of trial, the jury deliberated for approximately ten minutes before returning a verdict of NOT GUILTY.
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01/04/2010 |
200XXT0XXX427AXX |
Refusal to Submit to Testing |
The Defendant was driving his car when he rear ended another vehicle. The victim\'s friend arrived who said the defendant was stumbling about in front of his vehicle. Both cars were totalled. The Defendant was helped into his car by the victim\'s friend while they were waiting for the medics and police to arrive. The witness saw four or five brown pill bottles spread all over the passenger seat and floor. The Defendant was asleep when the officer arrived and had to be woken up. The officer questioned the Defendant about whether he took any medications when the Defendant responded that he was under the care of a pain management doctor and takes oxycodone and roxycodone. The Firm filed a motion to suppress these statements which was granted because of a 5th amendment violation. The Defendant was slurring his speech and was requested to perform roadside exercises. The officer believed that he performed poorly on the exercises and arrested him for Driving Under the Influence of Controlled Substances. The Defendant was taken to the Breath Alcohol Testing Facility where he gave a breath sample. The results were .000 and .000. The officer then requested a urine sample to which the Defendant agreed on video. The officer then sat in the holding cell with defendant where he was unable to urinate. He was given several cups of water but could give a sample. He was eventually additionally charged with Refusal to Submit to the Physical Urine Testing along with the DUI. The Firm successfully convinced the State Attorney\'s Office that they could not prove the Driving Under the Influence charge and it was dropped. Subsequently, the Firm filed a C4 sworn motion to dismiss the refusal charge arguing that the State Attorney\'s Office could not prove that as well because the Defendant in fact agreed to the urine. Additionallhe State could not exclude the reasonable hypothesis of innocence in that the Defendant was medically unable to give a urine. On the D of the trial, the State dropped all of the charges. |
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12/30/2009 |
09-13XX53XXCF10A |
Felony DUI |
The defendant was charged with Felony Driving under the Influence based upon the fact he had acquired two previous DUI convictions, one of which was within 10 years of this felony offense. In this felony case, an officer of the Hallandale Police Department failing to maintain his lane and driving erratically on Hallandale Beach Boulevard and almost hit the center median. The Officer stopped the Defendant’s vehicle. The Officer made contact with the Defendant and noticed him to have the strong odor of an alcoholic beverage; slurred speech; flushed face; glassy and bloodshot eyes and was unsteady on his feet. The Defendant was asked to perform roadside sobriety exercises and refused to do them. The Defendant also refused the breath test. The Firm filed a Motion to Dismiss these felony charges, which was punishable by up to 5 years in prison based on the fact that State used an invalid uncounseled prior conviction to raise this charge to felony status. The Motion was granted and all felony DUI charges were dismissed.
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12/29/2009 |
08-01XX85XXXM10A |
DUI |
On August 3, 2008, the Defendant was seen pulling into a commercial warehouse area by an Officer of the Davie Police Department who was patrolling that area. The Officer witnessed the Defendant’s vehicle pull into a parking spot and shut its lights off. The Officer pulled her marked patrol vehicle and parked it behind the Defendant’s vehicle preventing it from moving. The officer approached the vehicle and noticed the Defendant appeared to have her head lying upon the steering wheel of her vehicle. The defendant was asked to exit her vehicle and the officer noticed an odor of an alcoholic beverage coming from the Defendant; red and watery eyes, and was unsteady on her feet. The Defendant also admitted that “she pulled off the road because she had too much to drink”. The Defendant was asked to perform roadside exercises and performed poorly. The Defendant was arrested for DUI and submitted to a breath test that resulted in readings of .127/.129 g/210L, approximately 50% over the legal limit of .08. The firm filed a Motion to Suppress based upon the unlawful seizure of the Defendant initiated by the Officer “blocking in” the Defendant’s vehicle with her patrol unit. The motion was granted and the State dropped all charges.
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12/21/2009 |
200XXT0XXX646AXX |
Driving on a Suspended License |
The defendant was stopped by a Palm Beach County Sheriff’s Office Deputy on October 1st, 2009. The Defendant’s license was suspended due to a DUI. The Officer issued the Defendant two citations. One was for not wearing his seatbelt and the other was for Driving on A Suspended License with Knowledge. The State of Florida offered the Defendant 45 days in the Palm Beach County Jail if he wished to plead guilty. The firm investigated whether the stop was lawful under the 4th Amendment and concluded it was not. The State of Florida agreed and the Prosecutor dismissed all the charges.
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12/18/2009 |
CT-00XX839XXXX |
DUI |
The Defendant was observed by an off duty police sergeant sitting at a red light. When the light cycled to green, the Defendant’s vehicle did not move. The Sergeant checked on the Defendant and observed that he appeared to be asleep at the wheel of his car. The vehicle was in gear and running. The Sergeant was able to turn the car off and place it in park. He could smell the odor of an alcoholic beverage on the Defendant’s breath. The Defendant did not awaken during the removal of the keys and the light cycled about 8 times during this interaction. A DUI investigator was called to the scene.
When the DUI investigator arrived at the scene, he noticed that the Defendant’s vehicle was beyond the stop bar and 3 feet into the pedestrian crossing line. The Defendant was still asleep. The investigator was able to awaken the Defendant. The officer noted a moderate odor of alcohol on the Defendant’s breath, his speech was slurred and his eyes were bloodshot and watery. The Defendant’s movements were slow and deliberate as he spoke to the investigator. The Defendant agreed to perform field sobriety exercises. The Defendant could not follow the stimulus on the HGN/follow the light test. On the Walk and turn test, the Defendant started prior to being instructed, stopped walking during the exercise to balance himself, did not touch heel to toe and forgot what to do after the first series of steps. On the One Leg Stand test, the Defendant swayed, put down his foot, switched legs during the test and lost count. On the ABC test, the Defendant slurred so badly that the Officer could not understand to evaluate his recitation of the alphabet. On the counting test, the Defendant improperly recited 100 to 75 backwards, by missing 76 and continued to count all the way to 62 until he was told to stop by the Officer.
The Defendant submitted to a breath test, which gave the results .066 and .063. After the firm raised issues with prosecutor regarding a urine test, the State dismissed all charges against the Defendant.
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12/18/2009 |
09-015XXX2XX10A |
DUI |
The Defendant was stopped by DUI Task Force Member of the Pembroke Pines Police Department for weaving within his lane and speeding 63/45. Upon making contact with the Defendant, the Officer noticed the Defendant to have the odor of an alcoholic beverage coming from his breath and his eyes were bloodshot and watery and he swayed while standing unassisted. He also admitted to consuming alcohol. The Defendant then was asked to perform roadside sobriety exercises and did so poorly. The Defendant was arrested and submitted to the breath test that resulted in a reading of .114/.115 g/210L, well over the legal limit of .08. The firm obtained a videotape depicting the entire episode between the Officer and the Defendant that depicted the Officer conducting an illegal roadside exercise relevant to DUI while the Defendant was still seated in his vehicle. This illegal exercise was the sole basis that allowed the Officer to ask the defendant out of his car for further roadside investigation, which led to his arrest for DUI. The firm filed a Motion to Suppress for Unlawful Detention based upon the Officer’s illegal conduct, which was summarily granted by the Judge. All charges were dropped by the State. |
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12/11/2009 |
09-2XX09XXXMM10A |
Contributing to the Delinquency of a Minor |
Two weeks prior to September 13, 2009, the defendant’s step daughter ran away from home. On September 13, 2009, the child was found by officers of the Sunrise Police Department trespassing in an abandoned home. The child has an extensive juvenile criminal history as well as a history of running away from home. The child was taken to the Sunrise Police Department and the Defendant and his wife were contacted to pick-up the child, which they did. Upon arrival at the Police Department, the child refused to leave with the Defendant and his wife, the child’s biological mother. The Defendant and his wife were advised by Sunrise Police that they would be arrested if they left the premises. The Defendant and his wife left the premises and told police to call the child’s father, which they did. The Defendant’s exited the police department parking lot in their car and were arrested for Contributing to the Delinquency of a Minor. All charges were dropped.
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12/03/2009 |
09XXXXMXXX2508 |
Domestic Battery |
Officers of the Port St. Lucie Police Department were dispatched to a bar in reference to a possible fight. Upon scene, two witnesses told the officers the Defendant punched his sister and forcefully pulled her from his car in the parking lot. The defendant was immediately arrested. The Prosecutor offered the Defendant 45 days in jail. After the Defendant hired the Ticket Clinic to represent him, Defense Counsel aggressively began investigating the alleged facts. Defense Counsel learned the witnesses were bias against the Defendant from a previous altercation. This bias may have caused the witnesses to exaggerate or be dishonest about the facts. Additionally, Defense Counsel learned the alleged victim denied being touched by the Defendant. Defense Counsel immediately filed legal documents which, if granted, would allow Defense Counsel to extensively question the bias witnesses prior to trial. The witnesses became uncooperative with the prosecution against the Defendant. The Assistant State Attorney dropped all charges against the Defendant.
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12/03/2009 |
09-02XX11XXM10A |
DUI |
The Defendant was stopped for Failure to Maintain a Single Lane by a member of the Pembroke Pines DUI Task Force. Upon making contact with the Defendant, the Officer noticed the odor of an alcoholic beverage upon the Defendant’s Breath; bloodshot and watery eyes among other obvious indicators of alcohol impairment. The Defendant was asked to perform roadside sobriety exercises and did not perform well. The Defendant was arrested for DUI and submitted to the breath test which registered .045/.041 g/210L. After the firm’s investigation into this case and relaying findings to the State of Florida, no DUI charges were filed.
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12/02/2009 |
CXXXC00102XXXX |
DUI |
The Defendant was first seen traveling in the inside lane. The officer alleged that he paced the Defendant traveling 20-25 mph in a 45 mph zone. The officer also alleged the Defendant’s vehicle was weaving within his lane and on several occasions, straddled the center white line. The Officer made a stop for suspicion of DUI.
The officer, upon making contact with the Defendant, noticed an odor of an alcoholic beverage on his breath. He also noticed that the Defendant’s eyes were bloodshot and glassy. The officer requested the Defendant perform several field sobriety exercises to which he complied. On the walk and turn test, the Defendant exhibited 4 of the 8 possible indicators of impairment. The Defendant failed to maintain his balance, did not touch heel to toe, stepped off the line and used his arms for balance. On the one leg stand test, the Defendant exhibited 2 of the 4 possible indicators of impairment. The Defendant swayed while balancing and used his arms for balance. The Defendant was placed under arrest for DUI. After being read his Miranda rights, the Defendant admitted to consuming alcoholic beverages and feeling the effects of those drinks. The Defendant then provided a breath sample of .140 and .136.
Result: The firm filed a motion to suppress evidence in the case and the DUI charge was dropped by the State before the motion could be heard by the Judge.
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11/23/2009 |
09CXXXT00XXX836 |
DUI (2nd) |
A Sergeant with the Martin County Sheriff’s Office observed the Defendant while driving a vehicle make a wide right turn and travel on the wrong side of the road for approximately 50 ft. The Sergeant then noticed the Defendant stop for a red light 20 ft. prior to the intersection. After making a traffic stop, the Sergeant smelled a strong odor of an alcoholic beverage coming from the Defendant. An officer specializing in DUI was called to the scene. In addition to smelling an odor of alcohol, the DUI officer also noticed the Defendant had blood shot, watery eyes and slurred speech. Additionally, the Defendant continued searching for his registration after he had already given provided it. The Defendant performed the field sobriety tasks poorly to where the officer indicated in his report that it was “obvious” the Defendant was impaired. After being arrested, the Defendant refused to provide a breath sample. Defense counsel reviewed the evidence and advised the Defendant to fight the DUI charge by taking it to trial. On the day of trial, moments before the jury was to be selected, the Assistant State Attorney dropped the DUI charge.
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11/23/2009 |
09XXCT2XXX961 |
Count 1: Battery by Strangulation. Count 2: False Imprisonment |
The St. Lucie County Sheriff’s Office received a complaint about a domestic disturbance. Upon arrival, deputies met with the Defendant and his wife and began an investigation. The deputies determined the couple was arguing about changing their baby’s diaper. According to the deputies, the Defendant grabbed his wife by the throat and squeezed until she could not breathe. Additionally, the deputies believed the Defendant would not allow his wife to leave their apartment. The Defendant was arrested and charged with a felony. After meeting with the Defendant, Defense Counsel recognized the evidence was weak and seemed to suggest the wife may have been the primary aggressor as she grabbed a knife at one point. Additionally it appeared the wife did not support the deputies’ charges. Defense Counsel immediately filed legal documents attempting to persuade the State Attorney’s Office not to file formal charges. The State Attorney Office agreed with Defense Counsel and dismissed all charges against the Defendant.
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11/04/2009 |
09-1XX156XXF10A |
Aggravated Fleeing and Eluding |
The Defendant is a 46 year old male who suffers from Parkinson’s Disease. The Defendant’s symptoms in the form of shaking, stammering of his speech and a head tilt that are readily visible. The Defendant was traveling on Southeast 12th Avenue in Deerfield Beach. An accident unrelated to the Defendant was down the road and was being investigated by BSO and was being filmed for a television show “Police Women of Broward County”. As the Defendant was slowly driving due to traffic from the accident up ahead, a female officer being filmed for the television show came from nowhere, pounded on the Defendant’s window and ordered him to pull over immediately. The Defendant drove 20-30 feet and pulled over on his own. The female officer made contact with the Defendant and noticed the odor of an alcoholic beverage from a beer he had just opened by the Defendant before being stopped; bloodshot eyes, “slurred speech”, among other indicators of impairment. A DUI investigator was called to the scene and asked the Defendant to perform roadside exercises and he did so poorly> The defendant was then arrested for DUI and for Felony Fleeing and Eluding for failing to Stop immediately at the request of the female officer. After an investigation by the firm, it was established that the female officer exaggerated her behavior for purposes of her appearance on television and that the defendant’s performance during roadside exercises was caused by his Parkinson’s Disease. We were also able to prove that the only alcohol consumed was one sip of the beer he had just opened. All Criminal charges were dropped by the State.
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10/30/2009 |
2009CM17XXXXXX |
DUI and Underage Possession of Alcohol, and Possession of Drug Paraphernalia |
The Defendant was seen traveling at a high rate of speed on Bloomingdale Ave. Defendant’s speed was clocked at 60 mph in a 45 mph zone. The Defendant was also seen making several unsafe lane changes, causing other traffic to react by braking or swerving to avoid the Defendant. The Defendant was stopped for suspicion of DUI. Upon making contact with the Defendant, the Deputy noted a strong odor of alcohol, watery/bloodshot eyes and slurred speech. The Defendant told the Deputy he was under 21 years old and he had a beer at a friend’s house. The Defendant was asked to step out of the vehicle and he was very unsteady on his feet and had to lean on the vehicle to support himself. The Defendant again told the Deputy he had a beer at friend’s house and he also had smoked some marijuana yesterday. The Defendant admitted to having a Natural Light beer can in his car. When asked if there was anything else in the car the Deputy should know about, the Defendant stated he had a leaf grinder and a pipe under his driver’s seat. The Defendant admitted to feeling the effects of the alcohol and the marijuana he had smoked the day before.
The Defendant was asked to perform field sobriety exercises, which he agreed. On the follow the pen test, he scored all 6 possible clues of impairment. On the walk and turn test, the Defendant could not keep his balance while listening to instructions, had to stop to steady himself while walking, did not touch heel to toe 5 times, stepped off the line 4 times, lost his balance during the turn and used his arms for balance. On the One leg stand test, the Defendant swayed while trying to balance. On the alphabet test, the Defendant swayed and could not keep his eyes closed. The Defendant was then placed under arrest. A search of the car revealed a pipe and leaf grinder where the Defendant had admitted they were. Also an unopened 12 oz. Natural Light Beer was found. The Defendant was charged with DUI, underage possession of alcohol, and possession of drug paraphernalia. The Defendant provided a breath sample of .120 and .125.
Result: The DUI and underage possession of alcohol charges were dropped by the State Attorney’s Office.
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10/29/2009 |
48-20XXX-CXT-1XX41 |
DUI |
The defendant was involved in a 3 car accident. The Officer arrived and stated he witnessed client exiting vehicle. He smelled the odor of alcohol when speaking with the defendant and noticed he was swaying as well. He proceeded with a DUI investigation in which the defendant failed the field sobriety exercises and blew a .142. We filed a motion to suppress because the officer could not testify that the defendant was driving at the time of the accident. The State dismissed the case. |
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10/28/2009 |
CT00217XXXXXX |
DUI |
The Defendant was seen traveling at a high rate of speed. The Deputy activated his radar and locked in a speed of 63 in a 45 mph zone. The Defendant was also seen drifting across traffic lane lines. As the Defendant came to the intersection of Providence Rd and Providence Lake Blvd, his vehicle ran the red light. At this point the Deputy activated his emergency equipment and initiated a stop of the Defendant. The vehicle was slow to respond to the activated lights on the deputy’s car, but after pulling over the Deputy made contact with the Defendant. The Defendant was slow and fumbled with is paperwork, at one point dropping his license out the driver’s door window. The Defendant had slurred speech, odor of alcohol on his breath and bloodshot eyes. The Defendant was read his Miranda rights and then interviewed. The Defendant admitted to being out with friends at a couple of bars. The Defendant then told the Deputy that he would not have driven if not for his friends needing a ride. When asked how impaired he felt on a scale of 1-10 with 10 being the most impaired he has ever been, the Defendant answered between 4-5. The Defendant then stated he knew he should not be driving because of the effects of alcohol he felt.
The Deputy then asked the Defendant to perform field sobriety exercises, which he agreed. The exercises showed multiple clues of impairment and the Defendant was placed under arrest for DUI. The Defendant submitted to a breath test after being read the Implied Consent law and the results were .174 and .175. The Defendant was also given tickets for speeding, failing to maintain a single lane and running a red light.
Result: State dropped the DUI, failure to maintain single lane and red light charges.
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10/28/2009 |
09-16XX06XXXM10A |
Possession of Cannabis |
Officers from the Coconut Creek Police Department observed the Defendant’s vehicle “suspiciously parked” at a Nature Center. The Officers then saw the Defendant run to his vehicle and start it. The Officer drove up to the vehicle and ordered the Defendant to shut the vehicle off, despite not having seen the Defendant do anything. The Defendant admitted to smoking marijuana and the officer found the substance on the back seat of the car. The firm filed a Motion to Suppress the Unlawful Seizure based on the officer ordering the Defendant to shut off the vehicle without suspicion that the defendant was involved in criminal activity. The State conceded the Motion and all charges were dropped by the State.
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10/23/2009 |
200XXXT0XXX09AXX |
DUI |
The Defendant was driving and weaving all over the road without it’s activated headlights at approximately 4:00 a.m. Additionally, she almost collided with a curb and would not stop immediately when the officer had the overhead lights illuminated. An officer who witnessed the driving pattern stopped the defendant’s vehicle. The defendant stopped in the middle of the road. The officer who stopped the defendant noticed that she had an odor of alcohol coming from her breath and glassy eyes. The DUI officer then noticed that she had bloodshot, watery eyes. She admitted to having a couple of small drinks. She admitted that they were “Sex on the Beach” and then changed her story to only having one that was approximately 4 inches big. The Defendant refused to perform roadside exercises when requested and when she was asked she said “I am a good person.” The Defendant was arrested and transported to the Breath Alcohol Testing Facility where she refused a requested Breath Test. On the day before trial, the State of Florida dropped the DUI.
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10/23/2009 |
200XXT0XXX427AXX |
Third DUI |
The defendant was charged with his third offense of driving under the influence. The Defendant was driving on State Road 804 when he crashed into the back of a stationary vehicle at a red light. The impact of the crash totaled the defendant’s vehicle. The defendant was asleep at the wheel when medics arrived. He was tended to and then again fell asleep when the officers had arrived. The arresting officer spent over a minute trying to wake him up. An independent witness saw the defendant’s vehicle recklessly driving down the road and smashing into the other vehicle. The defendant’s speech was slurred and thick and his pupils were pin-point. After waking him up, the defendant stated that he was under the care of a pain management doctor and takes prescription medication. Additionally, prior to conducting roadside exercises he stated (on video) that he had taken roxycodone and oxycodone that day. He performed poorly on the roadside exercises and was arrested for Driving Under the Influence. At the Breath Alcohol Testing Facility, he gave a breath sample of .000 two times. He then was asked to submit to a urine sample. After 45 minutes, he could not give a sample of his urine and the officer took the inability to provide the sample as a refusal. The Firm filed numerous motions including a motion to exclude all of the defendant’s statements based upon the accident report privilege along with motions to suppress based on a lack of probable cause. After the orders were signed by the judge, the State decided to drop the DUI.
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10/19/2009 |
2009-CT-1X04XXXX |
DUI |
The Defendant was seen traveling north and continuously drifting on and off of the left lane markers at least 3 times. The Defendant was then observed following another vehicle in front of it too closely, leaving less than a car length in distance between them. The vehicle was stopped and contact was made with the Defendant by the Officer. The officer noted the Defendant had the odor of an alcoholic beverage on her breath, and her eyes were bloodshot and glassy. The Defendant agreed to perform field sobriety exercises. Prior to administering the exercises, the Defendant told the officer she suffered from depression and anxiety problems.
During the field sobriety exercises, the Defendant exhibited multiple indicators of impairment. On the walk and turn test, she failed to maintain her balance, started prior to instructions being completed, stopped walking to steady herself, did not touch heel to toe, improperly performed the turn and used her arms for balance. On the One Leg Stand test, she swayed while trying to balance. On the finger to nose test, she failed to touch her nose with index finger. After the completion of the field sobrety exercises, the Defendant was placed under arrest. She was taken to Central Breath Testing and agreed to provide a breath sample. The results of her breath test were .121 and .103.
The firm filed a motion to suppress evidence in the case and set the case for trial. After reviewing the firm’s motion, the State dropped the DUI charge on the morning the motion and trial were set to be heard.
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10/16/2009 |
09-49XX1CXXF10A |
Felony Fleeing and Eluding |
An officer from the Hallandale Police Department observed the Defendant make a wide right turn and cause a traffic crash. The Defendant left the scene of that crash and continued to drive. The Officer followed the Defendant in an effort to initiate a traffic stop. The Officer put on his emergency lights and siren and the defendant pulled his vehicle over to the curb. The officer was about to exit his fully marked vehicle when the defendant began to drive again. The Defendant then pulled over again approximately 50-100 feet later. Upon making, contact with the Defendant, Officers noticed the odor of an alcoholic beverage, bloodshot eyes and unsteadiness and slurred and accented speech. The defendant performed roadside sobriety exercises and did so poorly. The Defendant submitted to the breath test which registered .226/.225.g /210L. After the firm took the deposition of the stopping officer, it was able to demonstrate to the State Attorney that the Defendant did not commit the crime of Felony Fleeing and Eluding. All felony charges were dropped by the State.
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10/15/2009 |
08-209XXXM10A |
DUI |
The Defendant was traveling South on SR7 in the City of Hollywood and was clearly at fault in a rear-end collision that caused over $10,000.00 in damage. Upon making contact with the Defendant, law enforcement officers noticed the Defendant to have the odor of an alcoholic beverage, his eyes were red and watery, his speech was extremely slurred and he was extremely unsteady on his feet. The DUI investigator arrived on scene, made identical observations of the Defendant and administered roadside sobriety exercises. The exercises had to be stopped as the defendant became so unsteady he was on the verge of falling to the ground. The Defendant was arrested and submitted to the breath test, which resulted in a reading of .219/.225 g/210L. After the firm’s investigation into the background of the officers involved, all charges were dismissed by the State.
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10/05/2009 |
09CTXX954XX9AXX |
DUI |
The defendant was driving north on Jog Road when he made a right turn heading east on Forest Hill Blvd. The officer from Greenacres Police stated that the defendant was driving to the left side of his lane for over 200 feet and not maintaining a single lane. Additionally, the officer testified that he had been following him because of his suspicious driving pattern. The officer pulled the defendant over for his driving pattern and smelled an odor of alcohol coming from the defendant, bloodshot and glassy eyes as well as slurred speech. The defendant was asked to step out of the car to perform roadside sobriety tasks which were all captured on video. The defendant performed poorly on the tasks and was arrested for Driving Under the Influence of Alcohol. He was taken to the Breath Facility where he was asked to submit to a breath test. The Defendant refused to submit after being read implied consent. The Firm filed a motion to suppress the defendant’s identification all evidence that flowed from the stop due to the fact that the officer did not have reasonable suspicion of DUI based upon the videotaped driving pattern. The court heard testimony from the officer, watched the video and then agreed with the Firm and granted the motion. The State dismissed the DUI.
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10/01/2009 |
2009-CXXT014XXXXX |
DUI |
The Defendant was seen by a Deputy accelerating away from a red light as it cycled to green at a high rate of speed. The speed was estimated at 65 mph in a 45 mph zone. The Deputy activated his radar unit which confirmed the Defendant’s speed at 65 mph. While traveling behind the vehicle the Deputy observed it to weave over the left land marker with its left side tires. The vehicle then weaved across the lane so that the right side tires had gone across the right lane marker. The vehicle then traveled back across the lane with the left side tires again crossing the left lane marker. The Deputy then activated his emergency lights and the vehicle made no reaction. The Deputy, after traveling about 500 yards, then activated his siren to get the vehicle’s attention. The vehicle then came to a stop.
When the Deputy made contact with the Defendant, he noticed an odor of an alcoholic beverage on his breath and red-watery eyes. The Deputy asked the Defendant to exit the vehicle and then noticed he had a sway about his person stumbling when he exited. The Deputy requested the Defendant to perform field sobriety exercises, which he agreed. On the Walk and Turn test, the Defendant could not keep his balance while listening to instructions, did not touch heel to toe 10 times, stepped off the line 6 times, used his arms for balance and lost his balance during the turn. On the One Leg Stand exercise, the Defendant swayed while trying to balance, used his arms for balance, and put his foot down 4 times.
The Defendant was placed under arrest for DUI and also issued a speeding ticket. The Defendant provided breath samples of .089 and .090 BAC. After the breath test, the Defendant became upset and continuously stated “This is bullshXX” whenever asked any questions.
Results: The case was set for trial by the firm. Before the trial date, the State dropped the DUI charge.
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09/23/2009 |
09-2XXX29XXM10A |
DUI |
The Defendant was seen leaving a nightclub located on Broward Boulevard. The Defendant made an improper left turn onto Broward Boulevard and began to drive westbound in the eastbound lanes of travel. The Defendant was then stopped by an Officer from the Fort Lauderdale Police Department. Upon making contact with the Defendant, the officer noticed the strong odor of an alcoholic beverage, flushed face, bloodshot, glassy eyes and that the defendant was unsteady on his feet upon exiting his vehicle. A BSO DUI Task Force Officer was called to the scene for purposes of a DUI investigation. The DUI Investigator made identical physical observations of the Defendant and administered roadside sobriety exercises. The Defendant performed poorly on the roadside sobriety exercises which were captured on video. The Defendant submitted to the breath test that resulted in readings of .127/.125 g/210L, 50% over the legal limit of .08. The firm argued that the Defendant was not impaired at the time he was driving based on his appearance as was seen on the video and also argued that his driving was due to his unfamiliarity with the area. The Defendant was found not guilty by a jury after only 10 minutes of deliberations and the Court found him not guilty of all infractions of driving the wrong way and improper left turn..
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09/15/2009 |
CX09X-1X06XXXX |
DUI |
An Officer was traveling southbound where the posted speed limit was 45mph. The vehicle in the lane to the left of the officer accelerated at a high rate of speed. The officer estimated the vehicle’s speed to be approximately 75 mph. The vehicle then slammed on the brakes to avoid hitting the car in front of it. The officer at this point conducted a traffic stop on the vehicle for speeding and following too closely. Upon approaching the driver of the vehicle, the officer immediately smelled the odor of alcohol on his breath. He also had glassy bloodshot eyes. When the Defendant was asked out of the vehicle, he swayed while standing.
The Defendant was asked to perform field sobriety exercises, which he complied. He did not step heel to toe, stepped off the line and had to use his arms for balance on the walk and turn exercise. On the one leg stand, the Defendant swayed, used his arms for balance and had to put his foot down before the 30 second period was completed. The Defendant also had a considerable sway while performing the Alphabet and counting tests. The Defendant refused to provide a breath sample when requested by the officer. Result: The Firm was able to convince the State Attorney’s Office, based on lack of evidence, to drop the DUI charge.
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09/14/2009 |
09XXXT0XXX02730 |
Expired DL over 4 months |
A Trooper from the Florida Highway Patrol initiated a traffic stop on a vehicle occupied by two Hispanic males who spoke little English. The Trooper instructed both individuals to exit the car and to provide their driver’s licenses. The Defendant was cited for speeding and arrested for driving with an expired driver’s license over 4 months. After a lengthy consultation, Spanish speaking Defense Counsel was able to ascertain the Defendant was actually seated in the passenger seat and in fact had a valid driver’s license. The Trooper apparently confused the identities of the two Hispanic males and arrested the Defendant in error. Defense Counsel brought this information to the Assistant State Attorney. The citation and criminal charge were immediately dropped.
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09/10/2009 |
200XXXT02XX673AXX |
DUI |
A Palm Beach County Sheriff’s deputy heard a BOLO in reference to a possible impaired driver. Other Palm Beach Sheriff Officers were following the vehicle. The officer found the vehicle and observed it weaving noticeably within it’s lane and appeared to be straddling the passengers side white lines while traveling 10 miles under the speed limit. The vehicle then sat for several seconds when a light turned green instead of starting its travel. The vehicle then continued to weave noticeably in the lane and crossed over the line once or twice by a few inches. The defendant then turned on the turn signal and went to turn into an area that was a curb and then corrected itself back onto the street. The Officer then initiated a traffic stop on the vehicle. The defendant’s eyes were glassy and bloodshot and there was an obvious odor of an unknown alcoholic beverage coming from the vehicle. The driver swayed noticeably when he was standing outside the car. He stated that he drank 2 coronas and performed poorly on the roadside exercises. He was arrested and taken to the Breath Alcohol Testing Facility where he was asked to submit to a sample of his breath where he blew a .081 and .092. The Firm filed numerous motions to suppress including a motion to suppress arguing that the defendant was stopped without a reasonable suspicion of criminal activity. The driving pattern was captured on video. The State received the motion and dropped the DUI charge.
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09/08/2009 |
08XXXCTXXX4057 |
DUI |
A Port St. Lucie Police Officer observed the Defendant’s vehicle drifting, straddling and weaving on the roadway. Upon initiating a traffic stop, a DUI enforcement officer was called to the scene to investigate. The DUI enforcement officer noticed a strong odor of an alcoholic beverage emanating from the Defendant’s mouth. When the officer asked the Defendant to exit the vehicle, the Defendant needed to use his vehicle to steady himself. The Defendant admitted to drinking alcohol, however, he could not remember the bar in which he was coming from. The Defendant performed poorly on the field sobriety tasks and provided a breath reading of .102. Defense counsel attended the Department of Motor Vehicle Formal Hearing attempting to retain the Defendant’s driving privileges. At the hearing, Defense Counsel recognized conflicting testimony between the officer who initiated the traffic stop and the DUI enforcement officer. Defense Counsel immediately prepared legal documents challenging the evidence based on the strikingly different testimony of the two officers. After two extensive legal hearings in front a judge, the State agreed to drop the DUI charge.
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09/08/2009 |
09XXXT0XX0109 |
DUI |
A Port St. Lucie Police Officer observed the Defendant’s vehicle following dangerously close behind another vehicle. The Defendant’s vehicle abruptly changed lanes and struck the curb. After initiating a traffic stop, the officer made contact with the Defendant and noticed a strong odor of an alcoholic beverage emanating from her mouth. The Defendant’s clothing was described as disorderly and her speech slurred. The Defendant admitted to driving from a strip club where she had “a couple shots.” Upon being requested to exit the vehicle, the Defendant used her vehicle for support. The Defendant performed extremely poorly on the field sobriety tasks appearing confused and performing the tasks together instead of separately as instructed. The Defendant provided breath samples of .164/.172. Defense Counsel demanded to see a copy of the officer’s dash board camera. On the video but off the view of the camera, Defense Counsel overheard the arresting officer telling another officer that he did not smell any alcohol on the Defendant’s breath, despite writing in his sworn report that he did. Defense Counsel also overheard the arresting officer making inappropriate comments about the Defendant being a stripper. Defense Counsel immediately filed a legal motion pointing out the officer committed perjury. Furthermore, Defense Counsel included a track record of the arresting officer making apparent false statements from other cases he has represented. After the Assistant State Attorney received Defense Counsel’s legal motion, the State of Florida immediately dropped the DUI charge
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09/01/2009 |
200X-CXXT-5XX09 |
DUI |
The defendant was approached by an officer after he exited a bar and was walking to his car. The officer told him that he saw him drive around a \"road closed\" sign and park in a no parking zone. The defendant responded that he forgot his credit card in the bar and had to get it. The officer made observations consistent with impairement and decided to begin a DUI investigation. The defendant refused to perform field sobriety exercises and refused to give a breath sample. He was arrested. Half way throught the trial, we argued that there was little to no evidence that our client was driving the vehicle. The judge agreed and dismissed the case. |
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08/31/2009 |
09-888XXXM10A |
Resisting Officer Without Violence |
The Defendant was working for Coca-Cola and filling his work truck with fuel at a service station in Hollywood, Florida. Simultaneously, a fight arose at the gas station that did not include and was unrelated to the Defendant. Hollywood Police Officers responded to address this fight. In their efforts to arrest the people involved in the fight, the Officers threw a female against the side of the defendant’s work truck The Defendant exited his truck and asked for the officers\' name and badge number to give to his employer to address the damage to the vehicle. The Defendant repeatedly requested the name and badge number of the Officers and was arrested for obstructing the arrest of the female participant in the fight for doing so. After the firm’s investigation of this case and proof that the Defendant did not obstruct the arrest, the State dropped all charges.
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08/21/2009 |
09-CT-375XXXXX |
DUI |
Deputy responded to a person down call. Upon arrival, the Deputy observed a vehicle stopped in the turn lane. The vehicle had a green light and did not turn. The brake lights were the only lights illuminated on the back of the car. The Deputy initiated his emergency lights and approached the vehicle. The Defendant was seen sleeping in the driver seat with his head down and seat belt on. The vehicle was running and the gear shift was in drive. The Deputy opened the door and the Defendant’s arm fell and he continued to sleep. The Deputy was finally able to wake the Defendant. The Deputy gave the Defendant multiple commands for him to put the car in drive, which he did not do. The Deputy then reached into the car and put it into park. The Deputy then turned the car off and put the keys on the top of the car. A DUI investigator was then called to the scene.
When the DUI investigator arrived, she noted an odor of an alcoholic beverage on the Defendant’s breath. She also noted his eyes were bloodshot and glassy and his speech was slurred. The Defendant stated that he was tired from work, but had been out drinking. Defendant admitted to drinking 3 long island ice teas at a pool hall earlier in the evening. The Defendant performed field sobriety exercises which showed clues of impairment. On the walk and turn exercise, the Defendant was unable to maintain his balance in the start position, stumbled out of balance twice, stopped with each step to regain balance and missed touching his heel to toe. On the One Leg Stand exercise, he had to put his foot down multiple times. The Defendant was then arrested for DUI. He provided a breath sample which had a .128/.137 breath alcohol content.
The case was set for trial and after extended discussions with the State Attorney’s Office, the firm was able to get the DUI charge dropped.
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08/18/2009 |
08-2XXX4XX6MM10A |
DUI |
The Defendant drove his vehicle behind closed businesses located in Plantation, Florida. Fearing for the safety of those businesses, Officer Santy of the Plantation Police Department followed the Defendant. Upon coming into contact with the Defendant, the Defendant was standing by the driver’s side of his vehicle changing his clothing. The Defendant had the odor of an alcoholic beverage, bloodshot eyes, slurred speech, and was acting with a sleepy and lethargic demeanor. The Defendant also appeared to be disoriented as to the time and his location and could not remember the name of the restaurant he was coming from. The Defendant was asked to do roadside sobriety exercises and performed poorly. The Defendant then submitted to the breath test, which registered .115/.109 g/210L on the intoxylizer. The State dropped all DUI charges
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08/12/2009 |
200XXT04XX0480 |
DUI |
The defendant was stopped for doing 32 mph in a 20 mph zone in downtown Jupiter. The officer noticed the defendant had bloodshot, glassy eyes and his speech sounded slurred. He also noticed a strong odor of an unknown alcoholic beverage coming from his breath as he spoke. The defendant stated he was coming from Jumby Bay Bar and that he drank 4 or 5 beers. The defendant was moved across the street, questioned and then submitted to field sobriety exercises. During the questioning, he spoke with a slur and the officer asked “do you normally talk with a slur?” The defendant stated “no I don’t.” During the walk and turn, the defendant was told to count to nine on the first steps and he counted “1,2,3” “1,2,3” “1,2,3”, instead of the way he was instructed. On the turn, the video showed the defendant take a stumble backwards almost falling back. During the one leg stand, the defendant counted to 15 one thousand and said “five one thousand”. The defendant was arrested and taken to the breath alcohol testing facility where he refused to give a breath sample when it was requested of him. When asked whether he was drinking he stated he was and that he was at a few different bars. When asked whether he could feel the effects of the alcohol and whether he was under the influence, the defendant paused and then stated: “not particularly”. The firm filed a motion to suppress his statements made to the officer when he moved for the roadsides arguing that he was in custody and was not read his Miranda warnings. The Judge agreed and would not allow the questions and answers into evidence for the trial. On the day of trial, the State of Florida dropped the DUI charge.
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08/12/2009 |
09-4XX45XXXMM10A |
DUI |
The Defendant was seen by a member of the Broward Sheriff’s Office DUI Task Force driving over the concrete median separating the eastbound from the westbound lanes of Broward Boulevard. Upon making contact with the Defendant, the Deputy detected the odor of an alcoholic beverage, glassy eyes and a flushed face. The Defendant admitted to taking Xanax and consuming one beer and a glass of wine. The Defendant performed poorly during roadside sobriety exercises and refused the breath test. The State dropped all DUI charges upon sitting for a jury trial on the matter.
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08/10/2009 |
200XXXM0XXX441AXX |
DUI |
The defendant was driving on Camino Real Boulevard when she flipped her vehicle and crashed into a tree on the median. Police Officers arrived from the Boca Raton Police Department and the defendant was bleeding from cuts on her legs. The defendant was alone in her vehicle. She told the police that a cat jumped out into the road and she swerved to miss the cat. She also stated several times to the medics that she had a glass of wine that evening. She refused to go to the hospital. When the officer spoke to the defendant, he noticed that he could smell a strong odor of alcohol coming from her person, her eyes were bloodshot and glassy, and her speech was slurred. Another officer noticed what appeared to be marijuana in plain view inside the vehicle. It did in fact test positive for marijuana. The defendant was arrested and taken to the Boca Raton Police Department. She was told at the station that the officer was now conducting a DUI investigation and asked the defendant to perform roadside tasks on video camera. The defendant refused the tasks even after being threatened that she would additionally be charged with DUI. Subsequently, the officer requested a sample of the defendant’s breath and the defendant refused as well. The Firm pointed out to the State that the officer did not contemplate the charge of DUI until after he had gotten back to the station and therefore, it didn’t seem as though he had probable cause for the charge. The State agreed and dropped the DUI charge as well as the Marijuana Charge.
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08/07/2009 |
200XXT02XXX85AXX |
DUI |
The defendant was driving on Hypoluxo Road east of Congress Avenue in Boynton Beach. The vehicle appeared to be traveling at a high rate of speed and was in fact traveling 58 mph in a 45 mph zone. The defendant was not wearing his seat belt. The defendant was stopped and the officer approached the vehicle. The officer smelled an obvious odor of an unknown alcoholic beverage coming from the defendant’s mouth. His eyes were glassed and he seemed dazed. He was fumbling around inside his vehicle looking for his paperwork. He produced an expired registration and then a current one. He said that he was coming from a friend’s where he had half a beer and then threw it up. He then said that he does not drink much and should have been wearing his seat belt. He seemed disoriented and told the officer that he takes Abilify, Lexipro and other cholesterol pills. During the walk and turn, he started too soon, pointed his toe in the air and said he “would count like he was in the military”. When he started, he almost fell down and at the ninth step he forgot what to do. He then did an “about face” instead of turning properly and stood there having to be reminded what to do. During the one leg stand, he placed his leg up as if he were placing it on an object and did not look down at his leg. He got to the 10 count and asked “how’s it go now?” During the finger to nose, he proceeded through the cycles with his arms and hands 14 times without being asked to do anything and swayed during the entire task. The defendant was arrested and gave a breath sample of .021 and .021. The officer then requested a urine which turned showed results of Abilify, Lexapro and Cholesterol medications. The Firm contacted the Palm Beach County Sheriff’s Department Crime Lab to discuss the substances that were allegedly in the defendant’s system. After speaking to the toxicologist, the defense drafted a letter to the case filing division advising them that the substances found in the defendant’s system are not “controlled” under Florida Law and therefore the breath reading and urine results would not be enough to establish a prima facie case of guilt. The State agreed and declined to file charges.
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08/04/2009 |
200XXXCFXXX185 |
Felony Uttering a Forged Instrument |
The Okeechobee County Sheriff’s Office received a complaint in reference to a felony uttering a forged check at a supermarket in the amount of $360. The clerk of the supermarket provided information that the suspect fled in a gray van with Illinois plates. A deputy initiated a traffic stop on a gray van with Illinois plates driven by the Defendant about one mile from the supermarket. Believing the Defendant matched the description of the suspect, the deputy transported the Defendant back to the supermarket for a “show-up.” At the supermarket, the clerk positively identified the Defendant as the person who passed the forged check. The defendant was searched and $360 was found in his pocket. The Defendant remained in jail with no bond because he was not a citizen of the United States. The Assistant State Attorney demanded six months in jail. Defense Counsel drafted legal documents challenging the transportation of the Defendant from the location of the traffic stop to the supermarket. Defense Counsel argued the transportation turned the temporary detention into an arrest prior to establishment of probable cause, thus violating the Defendant’s Constitutional Rights. Based on Defense Counsel’s argument, the case resolved and the Defendant was immediately released from jail.
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08/03/2009 |
200XXXT0XX0789AXX |
DUI |
The defendant was driving her truck in Boca Raton when she flipped her car, hitting a mailbox and rolling it into a person’s yard. The owner of the home next to where the accident occurred came outside and saw the defendant in the vehicle pounding on the windshield. Fire Rescue arrived and the defendant told them that she was driving and made a turn and lost control of her vehicle. The officer met with the defendant at the hospital where he noticed that her speech was slurred and her eyes were glassy. The officer asked the defendant if she would consent to a blood test and she agreed. The results indicated that she had Diazepam, Nordiazepam, Oxazepam, Temazepam, Carisoprodol, Meprobamate and Oxycodone in her blood. The Firm took the deposition of the Fire Rescue personell who treated the defendant on scene and on the way to the hospital. The medic’s story conflicted with the officer’s story who requested the blood from the defendant. The Firm filed a motion to suppress the blood results arguing that the officer did not have probable cause that the defendant was under the influence and therefore had no right to request it. The Firm listed the medic as a witness for the defense and he was prepared to testify at the motion to suppress. On the day of the motion, the State of Florida dropped the DUI charge.
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07/30/2009 |
07-2XXX314XXM10A |
DUI |
The Defendant was charged with his second DUI within 5 years of a prior conviction, which is punishable by a mandatory jail sentence and 5 year drivers license revocation. The Defendant was stopped by Deputy Sheriff Sebest of the Broward County Sheriff’s Office for driving with the music being played too loud. Upon making contact with the Defendant, the Deputy observed the odor of an alcoholic beverage, bloodshot eyes and slurred speech. The Deputy then noticed an open container of Gin and BVD Beer in the passenger compartment of the Defendant’s vehicle on the front seat. The Defendant then began to urinate in his pants while speaking to the Deputy and became very aggressive. The Deputy was unable to administer roadside exercises as a result of the Defendant’s aggressive behavior and inability to balance. The Defendant was arrested and submitted to the breath test, which resulted in readings of .161 g/210L and .164 g/210L, over twice the legal limit. The firm filed a Motion to Suppress Unlawful Arrest as the Deputy never saw the Defendant behind the wheel of the vehicle. Prior to the hearing on the Motion to Suppress the State conceded the motion and dropped all DUI charges.
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07/29/2009 |
200XXCXXX06X98AXX |
DUI |
The Defendant was charged with Driving Under the Influence of Controlled Substances Causing or Contributing Injuring to Person or Property. The Defendant was seen driving slowly and speeding up, not letting the victim pass him. The victim then drove around him and into a different parking lot, rounded a curve and the defendant was in the wrong lane in the parking lot. The defendant crashed his vehicle into the defendant’s vehicle according to the victim. The victim testified that the defendant got out of the car yelling and screaming and slurring his words. He seemed impaired and did not have his “wits about him”. A police officer showed up and saw that the defendant’s eyes were glassy and somewhat bloodshot. He seemed uncoordinated and his speech was slurred. He was very slow in his movements and seemed lethargic. He admitted to taking Alprazolam and handed a bottle of the pills to the officer. There were 16 pills in the bottle which had been filled the day before for 30 pills. During the walk and turn exercises, he lost his balance when he started the task, did not walk heel to toe 5 of the steps and had to be reminded what to do halfway through the task. During the one leg stand, the defendant put his foot down two times and counted to 19 and then said “30”. During the finger to nose task, the defendant held his finger on his nose for a period of about 13 seconds before the officer told him that he was supposed to return it to his side. He then missed his nose on 4 more occasions. The Defendant was arrested for driving under the influence of a controlled substance and was taken to the Breath Alcohol Testing Facility where he agreed to a urine test. The Defendant’s urine came back with Alprazolam and Marijuana in it. The State called a forensic toxicologist to testify who made an opinion that what she witnessed on the video was consistent with someone who would be impaired by Alprazolam and marijuana. The Defense called the defendant’s father who testified that the defendant had taken 14 pills out of his prescription bottle because he was going on a camping trip the next day for 2 weeks. Additionally, the defendant took the stand also to not only tell his side of the story, but so the jury could hear the way in which he spoke as it was similar to the way in which he sounded on the video. The jury returned a verdict of not guilty of Driving Under the Influence Causing or Contributing injury to person or property.
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07/29/2009 |
09-4XX086XXMM10A |
DUI (Property Damage) |
The Defendant was stopped at the intersection of I-95 and Sheridan with a cat on her lap. The Defendant proceeded through the green light and the cat jumped out the window of her moving vehicle. The defendant stopped her vehicle and left her vehicle unattended in a lane of traffic with the hazard lights running. A police cruiser then crashed in to the rear of her unattended vehicle while she chased her cat. Upon her return from looking for the cat, a DUI investigator noticed that she had the odor of an alcoholic beverage on her breath, bloodshot eyes, slurred speech, and that she was unsteady on her feet. A DUI investigation ensued and the Defendant performed poorly on roadside exercises on video. The Defendant was arrested for DUI causing property damage and submitted to the breath test resulting in readings of .153g/210L and .152 g/210L. During the Firm’s investigation of this case, the Firm discovered that a video existed reflecting a conspiracy between 5 officers on the scene to unlawfully blame the Defendant for crashing into the officer in order to protect the officer from any civil liability or Departmental discipline. The video the firm found also shows the each of the officers indicating that they would submit false reports, perpetrate a fraud upon the court, suborn perjury and falsify sworn documents. The firm also was able to demonstrate that officers fabricated the entire accident investigation and facts surrounding the initial contact with the client, manufactured false evidence to fit their facts, tampered with evidence and committed perjury. All charges were dismissed after our investigation of this case. This case also garnered national media attention and was featured live on the NBC Today Show, CNN, Inside Edition, Fox News and MSNBC as well as local news outlets.
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07/24/2009 |
200XXXT0XX882AXX |
DUI |
The Defendant was driving southbound in the left lane on the Florida turnpike going 40 mph in a 70 mph zone. Other vehicles had to go around her in the passing lane due to her speed. Additionally, she was swerving over the marked solid yellow lane line as well. After being stopped, the officer immediately noticed a strong odor of an unknown alcoholic beverage emanating from the vehicle as she spoke. Her eyes were red, bloodshot, glassy and watery. Her speech was thick and slow and her movements were slow and lethargic. She was asked to perform roadside exercises and consented. During the walk and turn, she swayed side to side. She never walked heel to toe on any steps and at the end she turned around two times. Additionally, she walked backwards down the line instead of forwards. During the one leg stand, she started before being told to, and could not keep her leg up. After performing poorly on the finger to nose exercise as well, the Officer placed her under arrest for DUI. An opened, half full 24 ounce beer can was found in the vehicle after she was arrested. She admitted that she had a beer at home as well. She was transported to the Breath Alcohol Testing Facility where she was observed by the officer for 20 minutes prior to having giving a breath sample. The Defendant gave a breath sample of .081 and .083. The Firm was successful in getting a court order to enter the Breath Testing Facility with a private investigator to take photographs of the holding cell and room in which the observation period was done. The Firm filed a motion to suppress the breath results alleging that the Officer placed the defendant in the locked holding cell for a substantial portion of the 20 minute observation period and therefore the State of Florida did not substantially comply with the Florida Administrative codes prior to requesting a breath sample because the officer (based upon the pictures taken by the Firm’s private investigator) could not have heard her burp or regurgitate or seen her possibly place something in her mouth. On the day before trial, the State dropped the DUI.
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07/21/2009 |
Ct 00XX249XXXX |
DUI |
A sheriff deputy noticed a vehicle on River Road approaching the rear of his vehicle at a high rate of speed. As the vehicle closed in on the deputy’s car, the deputy had to swerve his vehicle to the right of the roadway to avoid being struck. As the Deputy swerved, the vehicle swerved into the oncoming lane of traffic, nearly causing a head-on collision. The vehicle then swerved back into the correct lane of travel. The Deputy activated his overhead emergency equipment and attempted to stop the vehicle. The vehicle continued to travel at speeds between 75-85 mph. The vehicle crossed the center line several times almost causing several other accidents. The vehicle finally yielded and came to a stop approximately 7 miles after the deputy activated his lights.
As the deputy approached the vehicle, he made contact with the Defendant who was in the driver’s seat. The Defendant had a strong odor of alcoholic beverages on his breath. The Defendant agreed to perform field sobriety exercises. The Defendant attempted to perform the One Legged Stand test 4 times, but could not perform the test for more than three seconds each time. The Defendant also attempted the Finger to Nose test, which indicated clues of impairment. During the alphabet test, the Defendant incorrectly recited the alphabet. The final test was the walk and turn test, which the deputy allowed the Defendant to perform 4 times. During one of the attempts, the Defendant almost fell over causing the deputy to have to catch him. The Defendant was arrested for DUI and requested to take a breath test. The results of the breath test were .228 and .246. The firm raised several issues with the breath test results and the State dropped the DUI charge.
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07/20/2009 |
09XXXT1XX837 |
No Valid DL |
The Defendant was charged with Driving with No Valid DL by a Martin County Deputy Sheriff. After an in-depth consultation, defense counsel learned the Defendant was driving on a private road when he was pulled over by the deputy. Defense counsel prepared legal documents contesting the lawfulness of the charge. Florida Law does not require a driver to be licensed when driving on a private roadway. Upon receiving the legal documents, the Assistant State Attorney immediately dismissed all charges against the Defendant.
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07/17/2009 |
200XXXT01XX010AXX |
Leaving the Scene of an Accident |
The defendant allegedly made a u-turn and crashed into some hedges and over a curb on Lake Worth Road. According to an eyewitness, the defendant and some other passengers got out of the vehicle and moved the car off the median and drove approximately 500 feet away to a nearby gas station. The eyewitness called the police and they responded to the scene. The defendant was seen exiting the gas station and was charged with Leaving the Scene of an Accident. The Firm hired a private investigator that went to the scene of the “alleged crime”. The investigator took pictures of the scene and contacted a defense witness who was in the car. The investigator drafted a report which showed that the defendant’s tire blew out and he lost control of the vehicle. Additionally, pictures were taken of the scene which depicted the right turn into the gas station as the first and only “safe place” to pull the vehicle over. The officer’s deposition was taken by the law firm and the officer admitted that it was a “reasonable” place to have pulled the car over. The investigator for the firm also measured the distance from the accident scene to the gas station where the defendant pulled over. It was 207 feet and not the 500 feet the officer had estimated in his police report. After providing the State Attorney with this evidence and the information regarding the officer’s deposition, the State dropped any and all criminal charges against the defendant.
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07/16/2009 |
CT00X38XXXXX |
Racing |
A Florida Highway Patrol Trooper observed the Defendant and another vehicle traveling on I-4. Both vehicles then began to rapidly accelerate in an apparent attempt to out-gain one another. The Trooper sped up in attempted to catch up to the vehicles. Once the Trooper closed in on the vehicles, he attempted to pace the speed of the vehicles and estimated it to be 30 mph above the speed limit. The Trooper then initiated a traffic stop on both vehicles and issued them tickets for Racing. The case was set for trial by the firm and on the day of trial, the State dropped the Racing charge.
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07/14/2009 |
09CXXX12XX02AXX |
DUI |
The Defendant was traveling northbound on the turnpike. An off duty Miami-Dade police officer contacted FHP advising that the Defendant’s vehicle was “all over the road” so much so that traffic was unable to pass. An FHP trooper traveled to the area and observed the Defendant unable to maintain a single lane, drifting across the roadway. After initiating a traffic stop, the trooper noticed an odor of an alcoholic beverage coming from the Defendant. The Defendant performed poorly on the field sobriety exercises; most notable to the trooper, the Defendant was unable to maintain one leg in the air for more than 3 seconds. Defense counsel demanded a trial. The Assistant State Attorney dismissed the DUI charge instead of going to trial.
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07/13/2009 |
08CXXT34XX54AXX |
DUI |
A Port St. Lucie police officer alleged she saw the Defendant make a wide right turn onto Port St. Lucie Blvd and begin swerving across all three lanes of traffic. The police officer then claimed she observed the Defendant almost hit a curb and guardrail twice. A sergeant, who was traveling the opposite direction of the Defendant, claimed the Defendant was driving “all over the road.” Upon making a traffic stop, the officer said the Defendant appeared confused and disoriented. The Defendant had a strong odor of alcohol and admitted to having “a couple.” The Defendant presented his registration to his boat instead of his car. The Defendant performed poorly on the field sobriety exercises. Defense counsel was able to retrieve the officer’s in car video which depicted a driving pattern far different then what the officer alleged in her police report. Defense counsel prepared legal documents to suppress the traffic stop. At the suppression hearing, defense counsel brought to the surface the many inconsistencies in the testimony of the State’s witnesses, thereby persuading the judge to rule that the sergeant “does not have an accurate memory” and the arresting officer “was not credible.” The judge ruled in favor of the Defendant and all charges were dropped.
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07/06/2009 |
200XXM0XXX76XXAXX |
Petty Theft |
The Police responded to Walmart after a woman called in claiming the defendant had stolen her son’s cell phone and would not give it back until she gave him $40.00. The officer located the defendant and saw him walking towards the store exit and past the cashier. The defendant appeared very nervous and had a visible bulge in the waste band under his shirt. The officer patted down the defendant for the presence of weapons and found a plastic wrapper hanging out of his right pants pocket. The bulky area around the defendant’s wasteband was three pairs of new boxer shorts. The defendant then stated “I needed some fresh underwear, but didn’t have any money.” He was then placed under arrest for Petit Theft and taken down to the police station. The Firm filed a motion to suppress alleging that the officer’s initial pat down was illegal in that the officer did not have a specific articuable suspicion that the defendant was armed with a dangerous weapon. Additionally, our Firm argued that even if the Officer did have a right to pat the defendant down for weapons, the Officer could not go and retrieve what was later found to be underwear and boxer shorts because it was not readily apparent that the object was a dangerous weapon. The State Attorney’s Office agreed to the motion to suppress and conceded that the search was illegal. The Court granted the motion and then dismissed the charges against the Defendant.
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07/02/2009 |
20XX-MXXM-X4XX91 |
DUI |
The defendant was stopped for going 72 in a 45 mph zone. When the officer approached the driver, he noticed an odor of alcohol, bloodshot eyes, and slurred speech. The officer asked for his driver\'s license, and when he produced it, the officer claimed that it was not him. The defendant became furious and pulled out multiple forms of ID and threw them on the ground. The officers began to argue with him and he said \"I don\'t give a s**t, just take me to jail.\" At that point he was arrested and taken to the breath testing station. He refused to provide a breath sample and was taken to jail. On the way to jail, our client called the officer a fa**ot, loser, and blew kisses at him.
The State dismissed the DUI charge. |
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06/29/2009 |
08-XX1XXX24MXX10A |
DUI |
The Defendant was charged with his second DUI within 5 years of a previous DUI conviction. This type of DUI offense is punishable by a mandatory 10 day jail sentence and a 5 year driver’s license revocation. The Defendant was seen driving erratically in the City of Coconut Creek and continued driving in that manner into the City of Margate. The Defendant was stopped by a Coconut Creek Police Officer and pulled into a shopping center parking lot after being stopped. The officer noticed the Defendant to have the odor of an alcoholic beverage; bloodshot watery eyes; slurred speech; and a slow and lethargic demeanor. The defendant was asked to do roadside sobriety exercises and performed poorly. The defendant then refused to submit to a breath test. The Firm filed several Motions to Suppress the Traffic Stop and the Refusal to Submit to Testing. The State dropped all DUI charges and the Firm’s Motion to Dismiss the criminal charge of Refusal to Submit to testing and was granted, resulting in a dismissal of that Charge.
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06/29/2009 |
09MXXM1XXX108 |
DUI |
A police officer on foot patrol heard the loud music coming from the Defendant’s vehicle and ordered him to stop. The officer noticed a strong odor of alcohol on the defendant. A DUI enforcement officer was called to the scene and instructed the Defendant to perform the field sobriety tests performed poorly on the tests and was arrested. Defense counsel prepared a legal documents to Suppress the stop by the initial officer. The DUI charge was dismissed.
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06/24/2009 |
09CXX18XXX04A |
No Valid Driver’s License |
The Defendant was pulled over and found to be driving without a valid driver’s license. After defense counsel spoke with the Assistant State Attorney, all charges were dropped.
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06/22/2009 |
09-XX617XXX9MM10A |
Possession of a Prescription Drug without Prescription |
The defendant was stopped by Broward Sheriff’s in the City of Weston. The Defendant was asked to produce her driver’s license. While doing so, the Deputy noticed pills inside the Defendant’s purse that were not in a pill bottle. The pills had just been obtained by the Defendant from her mother for pain relief for a diagnosed medical condition immediately before the traffic stop. The Firm was able to present evidence that the pills were lawfully obtained from the Defendant’s mother and were lawfully prescribed. The State dropped all charges.
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06/19/2009 |
08-XX28XX3MXX10A |
DUI |
The Defendant was charged with DUI causing injury with a blood alcohol level exceeding .20 g/210L. The Defendant crashed into 2 other vehicles causing one to roll over. The Defendant remained in his vehicle after the crash and the officer noticed that the defendant was confused and dazed. The officer stated he did not notice the odor of alcohol, bloodshot eyes or slurred speech. The Defendant was then taken to an ambulance and admitted to consuming three glasses of wine to the EMT in the ambulance. The officer’s ordered that the Defendant’s blood be drawn by the EMT. The blood reading was over 4 times the legal limit, .265g/210L. The firm filed a Motion to Suppress the Blood Sample based on the fact that the officer acted unlawfully in obtaining it and based on the fact the officer had no reasonable suspicion to even ask for a DUI Blood Sample. The State dropped all DUI charges before the hearing and felt that our Motion was well-taken.
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06/19/2009 |
09CXXTXXX28A |
DUI |
A Martin County Deputy observed the Defendant driving his large truck. According to the deputy’s police report, the Defendant vehicle was drifting in its lane causing the tires to touch the center and outside lines. At one point, the deputy stated he witnessed the Defendant’s vehicle nearly hit a guardrail, and then make a wide right turn. The Defendant had a strong odor of alcohol, slurred his speech, appeared dazed, confused and moody and performed poorly on the field sobriety tasks. The Defendant provided a breath sample of 0.111 and 0.103. Defense counsel was able to retrieve the deputy’s in car video which depicted a driving pattern far different then what the deputy alleged in his police report. Defense counsel prepared legal documents to suppress the traffic stop. The DUI charged was dropped.
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06/16/2009 |
200XXXT0XXX519AXX |
DUI |
The defendant was seen by a citizen witness swerving all over the road. The citizen informed a police officer who was assisting a disabled vehicle. That officer then followed the defendant as he swerved all over the road and into the bike lane. The officer activated her emergency lights and the defendant pulled into a McDonalds parking lot and ran a stop sign before stopping the vehicle. The officer approached the car and noticed an odor of alcohol coming from the defendant\'s breath, red bloodshot and glassy eyes as well as his speech being slurred. She asked where he was going and he stated \"she was singing\". A DUI officer arrived on scene and asked the defendant to exit his vehicle. The defendant had to use the door for support and held on the car as he staggered and prevented himself from falling over. The defendant was asked to perform roadside exercises. During the walk and turn he never walked heel to toe, did not walk on the line at all, made an improper turn and used his arms for balance the whole time. During the one leg stand he could not keep his leg up for more than four seconds and could not complete the task. During the finger to nose task, the defendant touched his lip instead of his nose, used the wrong hands when called (used the right when the left was called and use the left when the right was called) and swayed back and forth. During the alphabet task, the defendant sang it even though he was told not to. After being arrested the defendant stated in the patrol car that he \"should not have been driving and it was a slip\". At the breath alcohol testing facility, the defendant admitted on video to having one beer at home and then changed his story to having two beers. He continued to tell the officer that he had very low blood sugar and needed his medicine and food to get his blood sugar up. Our firm argued to a jury that the State could not prove the defendant was under the influence of alcohol but rather that his performance and demeanor related to his medical condition. The jury returned a verdict of not guilty for Driving Under the Influence. |
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06/15/2009 |
08-160XX47XXM10A |
DUI |
The Defendant was stopped by a Broward Sheriff’s Deputy for speeding and driving with his bright lights on. Upon making contact with the Defendant, the Deputy noticed that the Defendant had the odor of an alcoholic beverage, slurred speech, and glassy eyes. The Defendant told the officer that he was coming from his house and later from the beach. The Defendant admitted to consuming one beer. The Defendant was asked to do roadside exercises at the time of the traffic stop and at the police station. He performed poorly during all exercises. The Defendant refused the breath test. The firm defended the case by asserting that a reaction to medication coupled with the defendant’s hypertension caused the defendant to appear to be impaired, but not the alcohol. Furthermore, the Firm argued that the officer lacked credibility because he failed to videotape his investigation and the Defendant testified to a different version of events than did the officer. The Defendant was found not guilty of DUI by a jury after trial.
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06/15/2009 |
09MXX89XXX3A |
DUI |
The Defendant was clocked traveling 75 MPH in a 45 MPH zone. The officer noticed a strong odor of an alcoholic beverage coming from the Defendant. The Defendant had difficulty in focusing on simple requests by the officer and admitted to consuming alcohol. The Defendant performed poorly on the field sobriety exercises almost falling at one point. At the breath alcohol testing facility, a video camera captured the Defendant’s pants falling to his ankles as he was standing. The Defendant’s breath readings showed impairment. Defense counsel demanded a trial. The State dismissed the DUI offense instead of going to trial.
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06/12/2009 |
09-00XXX9XXC10A |
Felony DWLS/R |
The Defendant was charged with felony driving on a suspended license because she was a habitual traffic offender. Through the firm’s investigation of the facts and circumstances surrounding the Defendant’s arrest and an investigation into the Defendant’s DHSMV file, it was shown that the defendant had no knowledge or notice that she had been classified as a habitual offender, a required element that must be proven by the State to charge this felony offense. All of this evidence was presented to the State Attorney before trial and the State dismissed all charges against the Defendant.
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06/11/2009 |
200XXXT0XXX55AXX |
Racing |
The Defendant was stopped for racing with another vehicle. He was observed by the police officer driving in speeds over 100 miles per hour on West Okeechobee Blvd. with another vehicle \"racing\" the other car. The State considered amending the charge to a Reckless Driving but our firm pointed to the traffic citation which would not have supported a factual basis for Reckless Driving. The firm filed a motion to dismiss the Racing charge due to the fact that the Racing Statute under Florida law has been declared unconstitutional as it is \"void for vagueness.\" The Judge heard the motion and granted it. The Racing charge was dismissed. |
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06/10/2009 |
CT0064XXXX |
Racing |
The Defendant’s vehicle was observed stopped at a red light. Upon receiving a green light, the vehicle abruptly accelerated from the stopped position. The vehicle broke traction with the ground and chirped the tires when shifting from 1st to 2nd gear. The vehicle was traveling at a high rate of speed well above the speed limit. The Defendant then made a U-turn and proceeded at a high rate of speed toward a parking lot. The Defendant was charged with Criminal Exhibition of Speed (a violation of the Racing statute). After speaking with the Assistant State Attorney regarding the facts and the applicable law, the firm was able to convince the State Attorney to dismiss the charge.
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06/09/2009 |
200XXT0XXX521AXX |
DUI |
The defendant was driving his van when the officer noticed that the vehicle was shifting back and forth within its lane several times. The van rode on the lane markers on one side of the lane for several hundred feet, then moved to the other lane and rode on that lane marker. The officer followed the van where it continued to drive in this manner the entire time weaving from side to side. The officer stopped the defendant’s vehicle and noticed that the driver had red, blood-shot eyes and had a strong odor of alcoholic beverage coming from his breath. The defendant admitted to the officer that he had three beers and was coming from the moose lodge. He also stated that he was under the influence, but not so much that I can\'t drive. The defendant could not perform the one leg stand because he could not stand on one foot, did not follow directions during the finger to nose exercise and took an incorrect number of steps on the walk and turn exercise. The officer arrested the defendant for driving under the influence and the defendant was taken to the Breath Alcohol Testing Facility where he refused to submit to a lawful test of his breath to determine the alcohol content. On the day of trial, the State dropped the DUI charge.
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06/08/2009 |
08-XX835XXXM10A |
DUI |
The Defendant was stopped by Hollywood Police Officers for allegedly running a stop sign in a rough part of town. The officer approached the Defendant and observed her to have bloodshot watery eyes, an odor of an alcoholic beverage on her breath, slurred speech and an inability to stand without the assistance of the side of her vehicle. The Defendant could not find her vehicle documentation and was continuously apologizing to the officers for what she had done. A DUI investigator made contact with the Defendant and made similar observations and administered 5 different roadside sobriety exercises. The Defendant performed so poorly on the exercises that she was arrested for DUI and refused the Breath Test!!!! The Defendant also admitted to consuming 4 Natural Ice Beers prior to driving. The Defendant was found NOT GUILTY after a jury trial after only 20 minutes of deliberations.
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06/08/2009 |
09CXX19XXX61A |
Racing on Highway |
The Defendant was observed driving “side by side” with another vehicle traveling at a high rate of speed on Port St Lucie Blvd. According to the police officer, one of the vehicles was able to pull away and then change lanes in front of the other vehicle. After lengthy discussions with the Assistant State Attorney, all charges were dropped.
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06/08/2009 |
09CXXT1XX55A |
Racing on Highway |
The Defendant was observed driving “side by side” with another vehicle traveling at a high rate of speed on Port St Lucie Blvd. According to the police officer, one of the vehicles was able to pull away and then change lanes in front of the other vehicle. After lengthy discussions with the Assistant State Attorney, all charges were dropped
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06/03/2009 |
08-020XXX12XXXM10A |
DUI |
The Defendant was stopped by a member of the B.S.O. DUI Task Force for going through a red light at Las Olas Boulevard and Andrews Avenue. Upon making contact with the Defendant, the Deputy noticed the Defendant to have the odor of an alcoholic beverage, bloodshot watery eyes, the odor of cannabis about his person and his vehicle and slurred speech. The Defendant also failed to locate his driver’s license and other vehicle documentation. The Defendant participated in roadside sobriety exercises and performed poorly. He was arrested for DUI and refused a breath test. The State dropped all DUI charges.
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05/29/2009 |
08-2XXX39XXM10A |
DUI |
The Defendant was allegedly stopped by an officer of the Hallandale Beach Police Department for violating a stop sign and improperly exiting a driveway while leaving a gentleman’s club. Upon contacting the Defendant, the Officer noticed that the Defendant had the odor of an alcoholic beverage, flushed face and bloodshot watery eyes. The Defendant also had trouble standing and had to hold onto his vehicle for balance. The Defendant also performed poorly during all roadside sobriety exercises, was arrested for DUI, and blew a .186 g/210L and .171 g/210L. The State Dropped all DUI charges and dismissed all other remaining other criminal charges.
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05/27/2009 |
08-XX606XXXXM10A |
Battery on a Law Enforcement Officer |
The Defendant was originally charged with Battery on a Law Enforcement Officer arising out of her physically grabbing an officer’s badge outside of a bar and then clawing the officer’s arm leaving several scratches. After a preliminary investigation, the firm presented evidence and a list of witnesses to the Felony Case Filing Unit of the State Attorney’s Office that contradicted the Officer’s version of the events and that exonerated our client. The State Dropped all felony charges.
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05/21/2009 |
200XX-XCT-21XX02 |
DUI |
The defendant rear ended two vehicles at a red light. A State Trooper arrived on the scene and noticed that the defendant was unsteady and had an odor of alcohol on his breath. The Trooper asked him to perform field sobriety exercises and he agreed. According to the Trooper, the defendant could not follow any of the instructions given and he was arrested. The defendant claims there was a language barrier and he did not understand the instructions. After he was taken to the station, the defendant was asked to provide a breath sample and he refused. On the day of trial, the Prosecutor dropped the DUI. |
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05/15/2009 |
200XXXT00XXX65AXX |
DUI |
The defendant was stopped for traveling 61 mph in a 45 mph zone. The stopping officer observed bloodshot and glassy eyes and an odor of an alcoholic beverage on her breath. The defendant was overly apologetic and very nervous. A DUI task force officer was summoned to the scene and the defendant was asked to conduct roadside sobriety exercises. The DUI officer testified that the defendant was swaying while she was standing and had bloodshot, glassy eyes. The defendant admitted to drinking earlier in the evening at a Bar. The roadsides were all captured on video. The officer testified at a pre-trial motion to suppress that the defendant never walked heal to toe, turned around inappropriately and on the return never walked heel to toe. During the one leg stand, the defendant swayed while standing, used her arms for balance, put her foot down two times immediately. During the finger to nose, the defendant swayed while standing and missed the tip of her nose on each right call according to the officer. During the alphabet task, the defendant swayed while standing. The Firm filed a pre-trial motion to suppress arguing that the video did not OBJECTIVELY give the arresting officer probable cause to arrest the defendant for driving under the influence, regardless of the officer’s in court testimony. The Firm cited case law out of Orange County arguing that the judge should follow it. The judge agreed and granted the motion to suppress holding that the defendant was arrested without probable cause for Driving Under the Influence. The State dismissed the DUI charge.
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05/11/2009 |
08-0XX3XX6XXM10A |
DUI |
While on patrol, a police officer saw the defendant’s car run a red light, almost striking the police officer’s car. After making contact with the driver, the officer noticed an extreme odor of alcohol coming from the driver, a flushed complexion, slurred speech and red-watery eyes. The officer offered the driver the opportunity to perform roadside sobriety exercies, which the defendant refused. The defendant was arrested and then told the officer that he was “sorry for his mistake”. The defendant was transported to jail for breath testing, and placed on video. At the station, the defendant again refused to perform roadside exercises and refused to take a breath test. On the date of trial, the State dropped the DUI charge.
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05/06/2009 |
09-XXX723XXM10A |
DUI |
The defendant was stopped by a member of the Broward Sheriff’s Office DUI Task Force. Upon making contact with the defendant, the deputy noticed the odor of an alcoholic beverage, blood shot watery eyes, a confused demeanor among other indicators of alcohol impairment. The defendant was asked to participate in roadside sobriety exercises and did so poorly. The defendant was arrested and submitted to a breath test, which registered a .062/.057 g/210L. The defendant was then asked to provide a urine sample, which she was unable to do. The Firm conducted a pre-trial investigation in to the circumstances surrounding the defendant’s inability to submit to a urine test and was able to show that the deputy let her use the bathroom when she got to the station and before she was requested to provide the sample. This evidence was conveyed to the State Attorney’s Office and they declined to file the DUI charges against our client.
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05/04/2009 |
08-XX170XXXM10A |
Domestic Battery |
The defendant was charged with domestic battery after his girlfriend went for medical treatment for injuries suffered as a result of the alleged battery and stated that the defendant was the cause of those injuries. The Firm was able to establish that the Defendant’s girlfriend was under the influence of psychotropic medications and alcohol at the time of the battery and that the defendant acted in self-defense after she attacked the defendant. The State dropped all charges.
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05/04/2009 |
08-XX33XX6TX10A |
Leaving the Scene of an Accident |
The defendant was leaving a party and several cars were parked around her vehicle making it difficult for her to pull out of her parking spot. The defendant gently touched another vehicle’s bumper as she was trying to leave. The owner of the other vehicle saw the vehicles make contact and accosted and berated the defendant. The vehicle owner then reached in to the Defendant’s vehicle in an attempt to obtain her information. The Firm established that by reaching into the Defendant’s vehicle, the vehicle owner committed a felony punishable by life in prison and the Defendant was justified by leaving in order to defend herself against such a crime. The Court dismissed all charges.
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05/01/2009 |
200XXXM00XXX0119 |
DUI |
The defendant was noticed by police when he was sitting at a green light. The police then witnessed the defendant, drive 10-20 miles per hour below the speed limit. The police felt that the defendant was trying to evade him so they conducted a stop of the defendant’s vehicle. The officer observed the defendant to have bloodshot watery eyes, that his speech was slurred and they detected a strong odor of an alcoholic beverage. The defendant performed poorly on roadside exercises and was arrested for DUI. The defendant refused a breath test. The DUI charge dropped. |
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04/27/2009 |
20XX-CXT-5XXX61 |
DUI |
The defendant was swerving all over the road according to a 911 caller. The Police arrived and noticed the defendant leave his lane two more times and pulled him over. When they approached the vehicle, the defendant rolled down his back window and attempted to speak through the closed front window. After correcting this problem, the officer noticed an odor of alcohol, bloodshot eyes and slurred speech. It also took the defendant two minutes to pull his driver\\\'s license out of his wallet. The officer requested that the defendant perform field sobriety exercises and he agreed. While performing the walk and turn, he stopped the exercise and said just take me to jail. He claimed that his hip, which had been was replaced 6 months prior was hurting. He refused to provide a breath sample.
On the day of trial, the State dropped the DUI charge. |
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04/21/2009 |
200XXTXXX302AXX |
DUI |
The officer heard an engine racing and approaching north on Military Trail. The defendant passed the officer’s location and the officer observed the defendant traveling at a high rate of speed. A laser reading was retrieved by the officer of 64 in a posted 45. The officer stopped the defendant who had glassy, bloodshot eyes and heavy eyelids. The defendant had a strong odor of alcohol eminating from his breath and slurred speech. Post Miranda, the defendant said he drank 4-5 beers at Brus Room and said he was trying to beat his wife home. He said he drank his last 2 beers quickly. After performing the roadside tasks poorly (which were all captured on video), the defendant was arrested for driving under the influence. A couple of hours later, the defendant gave a breath sample of .082 and .084. The Firm took the deposition of the arresting officer and after providing that information to the State Attorneys Office, the State dropped the DUI charge.
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04/21/2009 |
20XX-XCT-1XX02-O |
DUI |
The defendant rear ended a car that was stopped at a red light. The defendant told the officer that he had dozed off. The officer suspected the defendant was impaired because he was slurring his words and stumbling around the scene. The officer began a DUI investigation and asked the defendant to perform field sobriety exercises. The defendant explained that he had a bad back, but did the exercises anyway. After performing poorly, he was arrested and taken to jail where he was offered a breath test. He took the test and blew 000 which proves he had no alcohol in his system. The officer then requested a urine sample to prove that the defendant was on drugs. He refused to provide a urine sample. The judge threw the case out half way through the trial beacuse the State Attorney never alleged that the defendant was on a specific drug and they could not rule out fatigue as a reason for the impairment. |
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04/20/2009 |
08-1XX477XXX10A |
DUI |
The Defendant went through a red light and cut off a Broward Sheriff’s Deputy who is a member of the DUI Task Force as his marked unit entered the intersection. The Deputy initiated a traffic stop for the red light violation. He noticed the Defendant to have the odor of an alcoholic beverage, flushed face, slurred speech and bloodshot watery eyes. The Defendant also was unable to locate or identify his vehicle documentation and was unsteady exiting his vehicle and admitted to “drinking a bottle of wine”. The Defendant then refused the Deputy’s requests to do roadside exercises and to submit to a breath test. The Firm filed a Motion to Suppress the Defendant’s Refusal to Submit to a Breath Test and the State dropped all DUI charges.
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04/17/2009 |
200XXT0XX939AXX |
DWLS |
The defendant was driving his vehicle in a business shopping plaza when an officer who was approaching to the north witnessed him pull out of the plaza without stopping and shoot all the way across the street. The officer cited the defendant with making an improper turn pursuant to Florida Statute 316.151. The defendant made a u-turn and the officer conducted a traffic stop. The officer ran the license of the defendant and it showed that he was charged with driving on a suspended license for a ten year DUI revocation. The State Attorneys Office was seeking 30 days in Palm Beach County Jail. The firm filed a motion to suppress arguing that the defendant was stopped in violation of the 4th Amendment to the United States Constitution. The State agreed and dismissed the charges on the date of the motion to suppress.
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04/16/2009 |
08-XX060XXXF10A |
Felony DUI |
On June 3rd, 2008, Deputy Razi observed the Defendant run a red light as he traveled behind him and also observed the truck weave out of its lane and almost hit the center median on Prospect Road. After initiating a traffic stop, Deputy Razi observed the Defendant to have an odor of an alcoholic beverage on his breath, a flushed face, extremely slurred speech and bloodshot, watery eyes. A DUI investigator was called out to the scene and commenced with Roadside Sobriety Exercises. The Defendant performed poorly on the exercises and was videotaped indicating the Defendant’s severe impairment by alcohol. The Defendant was arrested and refused to submit to a breath test. The Defendant also admitted that he was driving with a suspended driver’s license as a result of 2 prior DUI Convictions! After the firm’s investigation into the arresting officer, the State dropped all charges.
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04/03/2009 |
200XX-TC-7XX811 |
DUI |
The defendant was pulled over for driving without a headlight. When the officer approached, he smelled an odor of alcohol and noticed that the defendant had bloodshot eyes. He called a DUI specialist in to perform a DUI investigation. The defendant performed poorly on the field sobriety exercises according to the officer. He was arrested and taken to jail where he provided a breath sample of .189 and .175. The firm filed a motion to suppress and the State dismissed the DUI charge. |
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04/01/2009 |
09-977XXXX |
DUI |
A Deputy reported to the scene in reference to a person down call. When the Deputy arrived, she observed a Ford Escape with the engine running, lights on, doors locked and horn blaring. The defendant was seen in the driver’s seat, unconscious with her foot on the steering wheel engaging the horn. After approximately 7 minutes of attempting to wake the defendant, she responded and unlocked the door. The deputy noticed the odor of alcohol coming from the defendant’s breath. The defendant also had watery eyes and slurred speech. The defendant seemed very confused and unable to answer simple questions. When asked questions to determine if she had any medical issues or problems, defendant responded, “I did not drink and drive since the cops got here. I’m looking for my president. We were just sitting in the car.”
A DUI investigator arrived and took over the investigation by requesting the defendant perform field sobriety exercises. The defendant performed them poorly and was arrested for DUI. The defendant was requested to perform a breath test, which she complied. However, due to her hysterical emotional state, she was only able to provide 1 valid breath sample of .164. The defendant was marked as a refusal to submit to breath test after she was unable to provide a second valid breath sample.
Result: State dropped the DUI charge.
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03/31/2009 |
07-77XX5XXM10A |
DUI |
On April 6, 2007 the defendant was observed by a Broward Sheriff’s Deputy speeding at 67 mph in a 35 mph zone. As he followed the defendant, he witnessed her go thru a red light and accelerate to 85 mph in a 35 mph zone. Upon making contact with the driver, the Deputy noticed that the defendant had the odor of an alcoholic beverage on her breath, bloodshot watery eyes and slurred speech. A DUI investigator was called to the scene and corroborated the observations of the stopping officer. The Defendant participated in the roadside sobriety exercises and performed poorly. The Defendant was arrested for DUI and submitted to the breath test that resulted in a reading of 143 g/ 210 and .141 g/210L
Result: The State dropped all DUI charges.
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03/27/2009 |
200XXT04XXX90AXX |
Driving on Suspended License |
Facts: The defendant was driving his car when he was stopped by a police officer. He was charged with driving on a suspended license due to a driving under the influence suspension. The firm took the deposition of the stopping officer on the case where the firm was able to reveal information which resulted in a Fourth Amendment violation. The firm notified the State Attorneys Office and the charges were dismissed.
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03/26/2009 |
08-2XX74XXXM10A |
Possession of Cannabis |
The defendant was pulled over for having the windows on her vehicle tinted too dark. The deputy approached the vehicle and smelled the odor of burnt cannabis emanating from the vehicle. The defendant was asked out of the vehicle and as she was exiting the vehicle she attempted to discard a baggie of marijuana from her purse in the presence of the officer. The defendant was cited for Possession of Marijuana and was cited for Driving while License Suspended after admitting her license was, in fact, suspended. After the Firm’s investigation of the State’s evidence, the State dropped all charges.
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03/25/2009 |
08-1XX7XXXM10A |
DUI |
The defendant was driving on Oakland Park Boulevard when a deputy decided to run his license tag on teletype. The teletype indicated that the defendant’s license was suspended. The defendant had the odor of an alcoholic beverage, slurred speech, and bloodshot eyes and also admitted that he “had a few drinks at a friend’s house earlier”. The defendant was asked to do roadside sobriety exercises and did very poorly. The defendant submitted to the breath test which resulted in a reading of .188/.183 g/210L. The Firm filed a Motion to Suppress the stop of the defendant’s vehicle based on the fact that the teletype description did not match the description of our client. Prior to the hearing for the Motion to Suppress, the State dropped all charges.
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03/18/2009 |
200XXXT01XX51AXX |
DUI |
The defendant was charged with Driving Under the Influence of controlled substances. She was seen by a civilian witness driving at a high rate of speed behind him. He thought she was going to crash into him and then at the last minute, she swerved around him. The citizen, who testified at the trial, then called 911 and said she was swerving all over the road and riding on both sides of the street. He also saw her almost crash her car three times into other vehicles. She then came to a stop in the middle of an intersection when an officer turned on his lights to find out why she was stopped and impeding all of the east and westbound traffic. The officer then asked her if she was ok and she said “I think so.” After moving her car, the defendant was approached by another officer and he testified that her speech was sluggish and her movements were lethargic. She admitted the officer to taking numerous medications. The defendant performed poorly on the roadside exercises according to the officer and he arrested her for DUI. At the BAT facility, the defendant was confused as to the date as well as where she was. When asked, she said she was on Congress or Military when she was actually on Dixie Highway. Additionally, she admitted to taking Phenobarbital in the morning and a painkiller the night before. She consented to a urine which came up positive for Phenobarbital, Propoxyphene, Norpropoxyphene and Citalopram. A toxicologist also testified for the state who gave an opinion as to what types of effects Propoxyphene and Phenobarbital can have on the body. Result: Not Guilty
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03/18/2009 |
08-XX051XXXM10A |
DUI |
On March 1, 2008 a civilian witness observed the defendant asleep at the wheel in Hollywood, Florida. The civilian then saw the defendant drive off the road and run over a curb ultimately stopping in a parking lot. The DUI investigator witnessed the defendant asleep at the wheel, with his foot on the break and with the engine running. The DUI investigator noticed the defendant to have the odor of an alcoholic beverage, bloodshot watery eyes; a flushed face and slurred speech. The defendant performed roadside sobriety exercises and did so poorly. The defendant was arrested and refused to submit to the breath test. The Firm filed a motion to Suppress the defendant’s Refusal to Submit to the Breath Test. Prior to the hearing for that Motion the State Dropped all DUI charges.
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03/16/2009 |
08XT830XXXXX |
DUI |
An Officer responded to a call by a security guard that an individual was seen entering a liquor store having trouble walking and almost fell over as he exited his vehicle. Upon the officer’s arrival, he observed the defendant being detained by the security guard. The defendant was sitting in the driver’s seat of his vehicle with the engine running and reverse lights on. When the officer made contact with the defendant, his eyes were bloodshot and glassy, he smelled of alcohol and his speech was slurred. The defendant admitted to consuming whiskey and some oxycodone and morphine within the past hour. After continuing to observe the defendant’s behavior, a DUI unit was called to conduct an investigation.
The DUI officer observed the same observations of the initial officer on the scene regarding the defendant’s appearance, odor and speech patterns. The defendant also was very unsteady on his feet, staggered and swayed as he stood. The officer requested the defendant perform field sobriety exercises, which the defendant agreed. The defendant performed alternative tests due to his physical disabilities. The defendant was read his Miranda rights, which he waived, and then asked to count backwards from 100 to 75 with his eyes closed and head tilted back. The defendant exhibited multiple clues of impairment including swaying, eyes not remaining closed and improper recitation. The defendant’s counting was highly erratic, out of sequence and did not stop at 75 as requested. The defendant also performed the ABC test, which he had to lean on the Officer’s vehicle to complete.
The defendant was arrested for DUI. He agreed to perform a breath test, however did not supply the required volume of air. He was considered a physical refusal for not following the breath technician’s instructions. The defendant also submitted urine to test for medications which could cause impairment based on his admission to taking morphine and oxycodone.
The case was set for trial, and on the morning when the jury was to be selected, the State dropped the DUI charge.
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03/13/2009 |
200XXXT029XX52AXX |
DUI |
The defendant was traveling northbound in her vehicle and was stopped for failing to dim her headlights. The officer noticed that the defendant had glassy and bloodshot eyes, was crying and could not find her registration after passing it over several times. She admitted to drinking and was unstable on her feet. Her movements were slow and she had a strong odor of an unknown alcoholic beverage on her breath. She told the officer that she had 2 Vodka drinks and lived “right down the street.” She performed poorly on the roadside exercises and was arrested for Driving Under the Influence. While at the Breath Alcohol Testing Facility she refused to give a sample of her breath to determine the alcohol content. The firm filed a motion to suppress alleging that the officer stopped the defendant illegally and violated her constitutional rights to be free from unreasonable searches and seizures. Result: The State agreed and dismissed all the charges.
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03/12/2009 |
07-XX273XXM10A |
DUI |
The defendant was seen by an officer driving on the wrong side of the road on Sheridan Street in Hollywood, Florida. The officer attempted to initiate a traffic stop upon the defendant’s vehicle but was ignored by the defendant for several blocks. Upon making contact with the defendant, the officer noticed the defendant to have an odor of an alcoholic beverage, bloodshot eyes, a flushed and red face and stuttered speech. A DUI investigator was called to the scene and confirmed the first officer’s observations. At that time, the DUI investigator administered roadside sobriety exercises and the defendant performed poorly. The defendant refused the breath test despite being warned about the suspension of his driver’s license. All DUI charges were dismissed.
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03/05/2009 |
08-00829XXXXX |
DUI |
A Tampa police officer was traveling in the left lane of Bruce B Downs Blvd when he observed a vehicle 3 cars ahead of him drifting on and off the left lane marker. The vehicle then overcorrected back into the left lane and abruptly changed into the right lane. The vehicle was then observed following another vehicle too closely while drifting from side to side. The vehicle then drove on the left lane marker for about 10 seconds. The vehicle was stopped for suspicion of DUI. The officer upon making contact with the defendant, noticed a distinct odor of alcoholic beverages and bloodshot eyes. As the defendant exited the vehicle, it began to roll backward about 3 feet. The defendant did not realize this until it was pointed out by the officer. After speaking with the defendant, his speech appeared slurred.
The defendant was requested to perform field sobriety exercises. On the walk and turn test, the defendant failed to maintain his balance prior to beginning the exercise, made an improper turn and took an incorrect number of steps before turning. On the One Leg Stand, the defendant swayed while balancing and had to hop to maintain his balance. The defendant was arrested for DUI and refused to take a breath test. Result:The State dropped the DUI charge before the trial.
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03/03/2009 |
200XXCXXX30582AXX |
DUI |
Facts: Officers in a SUV Task force van observed a vehicle speed by the van at an extreme speed causing the SUV to shake. An officer attempted to catch up to the car which was cutting off other vehicles and weaving in and out of different lanes failing to signal. The vehicle came to a stop at the crosswalk in the intersection. The vehicle then accelerated at a high rate of speed again cutting other traffic off and rapidly changing lanes without signaling. The vehicle was also following other cars too closely. The officer put on the emergency lights at which time the vehicle did not stop. The officer eventually stopped the vehicle and the officer noticed the driver had a strong odor of an alcoholic beverage coming from him as well as the smell of a burning engine or brakes. The driver appeared confused when being asked for his drivers license and even picked up some money and gestured towards the officer with it. The driver had slow dexterity, had trouble keeping his balance while walking and his eyes were very sleepy looking. There was a ½ empty bottle of Cognac in the back seat with wet empty cups. The driver told the officer: “I had like three drinks man. Please, Please, Please let me go.” The driver was subsequently arrested and taken down to the breath alcohol testing facility where he gave 2 adequate samples of his breath which were a .228 and .228. After finding out that the arresting officer in the case was accused of misconduct (unrelated to the arrest of this driver), the firm was able to get the charges dismissed.
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02/25/2009 |
200XXT0XXX997AXX |
DUI |
The defendant struck another vehicle from behind which was stopped at a red light. The driver of the first car testified that the defendant got out of the car and said “It’s my fault, I’m wrong.” The defendant also stumbled out of his vehicle and lost his balance as he got out of the car. The defendant also said that he was “getting a limo from now on.\" The State of Florida introduced a 911 tape where the victim stated \"I just was in an accident and I think the guy is drunk and trying to leave.\" The officer arrived on scene and said he could smell an odor of alcohol on the defendant and his speech was slow and sluggish. The defendant could not put his feet together on the one leg stand, did not walk heel to toe, did not count out loud and lost his balance numerous times. He took fifteen steps instead of the requested nine. During the one leg stand, the defendant began the task too soon, lost his balance and had to be caught by another officer on scene so that he would not fall to the ground. The defendant tried the task again but lost his balance and refused to finish the task. During the Finger to nose, the defendant would not keep his feet together and left his left eye open. He also raised the wrong hand when instructed. During the Alphabet task, the defendant did not recite it correctly and kept his left eye open instead of closing them as instructed. After being arrested for driving under the influence the defendant refused a breath test. The jury deliberated for less than fifteen minutes. VERDICT: Not Guilty
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02/25/2009 |
07-2XXX578MXX10A |
DUI |
An officer from the Fort Lauderdale Police Department witnessed the defendant make a left turn at a steady red signal. The officer made contact with the defendant and noticed the odor of an alcoholic beverage, glassy eyes and the defendant admitted that he consumed several beers. The DUI investigator arrived and noticed the same observations as the stopping officer. The defendant participated in roadside sobriety exercises and performed poorly. The defendant refused to the breath test. The Firm filed a Motion to Suppress the DUI charge based upon lack of probable cause to arrest. Prior to the motion being heard, the State dropped the DUI charges.
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02/23/2009 |
200X-CXXT-1X7X5-O |
DUI |
The defendant was stopped for doing 46 in a 40 mph zone. The officer approached the car and noticed the driver\'s speech was slurred, his eyes were watery, his face was flushed and he had an odor of alcohol on his breath. The officer asked how much the defendant had to drink and he said \"nothing.\" When asked why he smelled of alcohol, the defendant replied that he had been at a bar all night. He was asked to perform field sobriety exercises and he stated that the tests were biased and that he did not have good balance. He refused to take the exercises and then refused to provide a breath sample. In the middle of the trial, the State dismissed the case. |
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02/17/2009 |
200X-CXXT-3XXX59 |
DUI |
The defendant was observed driving the wrong way. When the officer got behind the defendant, he observed him drive over a concrete median. The officer then pulled the defendant over. When he approached the vehicle, he noticed the defendant was fumbling with his wallet, and had an odor of alcohol, and was slurring his speech. The officer requested that the defendant perform field sobriety exercises, but he refused. He also refused to provide a breath sample. The officer arrested the defendant and took him to jail. After hearing 2 motions, the state dropped the DUI charge. |
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02/13/2009 |
200X-CXT-01XX58X-X |
DUI |
The defendant was found passed out after his vehicle ran off the road and into a row of hedges. The officers stated that the defendant was so impaired that they rushed him to the hospital. He was found with vomit all over himself as well as the vehicle. The officer went to the hospital and noticed the defendant had slurred speech, had no recollection of the accident, and smelled of alcohol. The officer then requested a sample of the defendants blood and he refused.
The Dui was dropped after motions were argued.
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02/12/2009 |
TXX8-00XXXX2-BXXA |
DUI |
The Polk County Police received a call about a possible drunk driver. The police arrived and followed the defendant and observed him drift from lane to lane for about a mile. The deputy pulled over the defendant. Upon making contact the deputy smelled alcohol and asked the defendant if he had been drinking. The defendant responded that he did have a few drinks. The deputy then asked the defendant to perform field sobriety exercises. Due to poor performance the deputy determined that the defendant was impaired. The defendant provided a breath sample of .068 and a 0.07 respectively. The defendant also admitted he was on prescription medication and was asked to give a urine sample which he did. The urine sample came back positive for the prescription medications, but it was also positive for Cocaine. Through the firm\'s efforts and negotiations the State dropped the DUI charge. |
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02/12/2009 |
20XXCT0XX6XX9AXX |
Driving on Suspended License Habitual Offender |
The defendant was driving on the highway weaving in and out of traffic. The defendant would change lanes without signaling and speed up in between cars whenever there was an opening. After being stopped for improperly changing lanes the officer found that the defendant’s license was suspended for being a habitual traffic offender. The defendant was eventually charged by the State Attorney’s office for driving on a suspended license as a habitual traffic offender. The State Attorney’s office made a plea offer of 30 days in the Palm Beach County Jail to resolve the case. Our firm filed a motion to suppress arguing that the defendant was stopped illegally and his fourth amendment rights were therefore violated. The State agreed and dismissed the charges.
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02/09/2009 |
07-02XXXX0XXM10A |
DUI |
The defendant was stopped by a sheriff’s deputy for having tint too dark and weaving repeatedly while on Oakland Park Boulevard. Upon stopping the defendant, the Deputy noticed the defendant to have an odor of alcoholic beverage, bloodshot watery eyes, and slurred speech and was clearly unsteady on his feet. The defendant then participated in roadside exercises and performed poorly. The defendant then refused a breath test and was arrested for DUI. After a jury was selected, the State dropped all DUI charges.
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02/09/2009 |
8XX23XX4-XCXL |
DUI |
The defendant was seen on Platt St., a one-way street, driving the wrong way. The defendant was stopped by the Tampa Police Department. Upon making contact with the defendant, the officer noticed an odor of alcoholic beverage, bloodshot and glassy eyes. The defendant was requested to perform field sobriety exercises, which she agreed. On the walk and turn test, multiple clues of impairment were exhibited such as the defendant not touching heel to toe, making an improper turn and using her arms for balance. On the One Leg Stand exercise, which had to be performed twice, she swayed and used her arms for balance. Due to the defendant’s performance on those exercises, she was arrested for DUI. Post-Miranda, the defendant admitted to consuming Bacardi and Coke cocktails. The defendnat originally refused to take a breath test, but when read the Implied Consent Law, she agreed. The results of the breath test were .106 and .096.
The case was set for trial, but before trial the State Attorney’s Office dropped the DUI charge.
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02/04/2009 |
200XXCTXXX213AXX |
DUI |
The defendant was driving his car when he rear ended a vehicle causing a crash. When the officer arrived on scene he noticed that the defendant had slurred speech and he seemed out of it. After letting the defendant go and citing him for the accident, the defendant rear ended another vehicle causing another crash 20 minutes later. The same officer from the first crash arrived on scene where he noticed that the defendant was significantly more out of it. The mother of the defendant was called to the scene where she told the officer that he does not look right and seems like he is impaired by something. The defendant admitted to smoking marijuana that morning and was arrested for driving under the influence of controlled substances. While at the BAT facility, he was asked to submit to a urine test. The toxicology report came back with THC (marijuana) and other controlled substances in his system. On the date of trial, after taking the deposition of the officer, the State dropped the DUI charge.
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02/03/2009 |
20XX8-CXT-1XXX64 |
DUI |
The defendant was involved in an accident where he hit 3 cars and then left the scene. He drove into a ditch down the road and that is where the officer found him. When she arrived, she noticed that he had an odor of alcohol on his breath, thick speech, and he was swaying while standing. Based on these observations, the officer requested he perform field sobriety exercises. Based on his performance, the officer arrested the defendant and took him to jail. He was asked to give a breath sample and he refused.
On the day of trial, the state dropped the DUI case. |
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01/29/2009 |
08-XX27XXX8CFXX0A |
Felony Resisting an Officer Without Violence |
The defendant became involved in a verbal argument outside of a bar with an officer. The defendant\'s wife then grabbed the officer’s badge and his police issued uniform. The officer then began wrestling with the defendant’s wife and took her to the ground. The defendant exited the bar and saw the officer manhandling his wife and then ran toward the officer and said take your hands off of my wife and took a “fighting stance”. The defendant was then knocked unconscious, injured and arrested for Resisting With Violence. The firm conducted depositions of all witnesses involved and presented photos and other evidence to the State. The State dropped the felony charges.
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01/26/2009 |
07-X19XX6CXXV10A |
Felony Driving While License Suspended |
The defendant was stopped for failing to use his turn signal as he made a right onto Oakland Park Boulevard. The defendant affected no other traffic when he turned. Thereafter, the officer discovered the defendant’s driver’s license was revoked as a habitual traffic offender and arrested the defendant on Felony charges. The Firm filed a Motion to Suppress the Unlawful Stop of the defendant’s vehicle that was granted. All charges were dropped by the State.
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01/23/2009 |
08-X698XXXXM10A |
DUI |
The defendant was stopped for driving between 80-120 mph on I-95 and weaving from lane to lane, and unlawfully passing through a safety zone. The defendant admitted to consuming 4-5 beers, had the odor of an alcoholic beverage and bloodshot glassy eyes. The defendant performed poorly on roadside sobriety exercises and submitted to the breath test that registered .109/.106 g/210 L. The officer also found a six pack of beer with two empty beer cans in the defendant’s car. The Firm filed several Motions to Suppress Evidence in this case, each of which was granted. The State dropped all Dui charges.
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01/22/2009 |
08-12XXX2MM10A |
DUI |
The defendant was stopped for unlawfully avoiding a red light. The stopping deputy approached the vehicle and noticed the defendant to have glassy eyes and stated he was coming from a gentleman’s club. The deputy also noticed the defendant had the odor of an alcoholic beverage and his speech was slurred. The defendant also admitted to consuming a few beers. The defendant performed poorly on roadside sobriety exercises and refused all testing. The State dropped all DUI charges
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01/22/2009 |
08-81XX9X7-MXXWXS |
DUI |
The defendant was stopped for erratic driving where the officer said that she nearly hit a mail box and was swerving in her lane. The officer stopped the defendant and asked her to do Field Sobriety Exercises which she had trouble doing due to a back issue. The defendant was then arrested and taken to the Volusia County Jail. At the jail she got claustrophobic and passed out. The officers could not revive her so they took her to the hospital for treatment. At this point medical blood was taken. The State then filed a motion to get the medical blood and we opposed this and a motion was set. At the motion hearing the case was discussed and the DUI charge was dropped. |
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01/21/2009 |
200X-MXM-1XXX21 |
DUI |
The defendant was pulled over for running a stop sign as he left a bar parking lot. The officer noticed that he had an odor of alcohol on his breath, bloodshot eyes, and his speech was thick tounged. The defendant admitted to having three beers and the officer requested that he perform field sobriety exercises. The officer felt the defendant was impaired after the performance of the exercises and he was arrested. He was taken to jail where he refused to provide a breath sample. We picked a jury and when the case was ready to proceed, the state dropped the DUI. |
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01/20/2009 |
200X-CX-3XX5-W |
DUI |
The defendant was involved in an accident while making a right turn. The defendant took the turn to sharply and hit the curb and crashed into a power distribution box. Several officers arrived on the scene and due to the rain the defendant was placed in the back of a police car. The defendant started to perform the Field Sobriety Exercises, but was stopped for her safety. The defendant was then taken to the breath testing center and registered a .239 and .222 respectively. Through motions and stipulation the firm was able to have all of the statements made by the defendant as well as the breath test results suppressed. The State dropped the DUI charge. |
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01/20/2009 |
20XX-CT-XX379 |
DUI |
The police made contact with the defendant after receiving a tip about a vehicle in a McDonald’s parking lot in which the driver was very intoxicated. Officers made contact with the defendant and noticed a strong odor of an alcoholic beverage, that his eyes were watery and bloodshot, and that his speech was slurred and mumbled. The police also noted that his balance was so poor that he had to lean on his vehicle for support. The defendant refused roadside exercises and a breath test. The defendant was arrested and charged with DUI. The DUI charge was dropped 1-20-09. |
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01/15/2009 |
2XX8-CXXT-8XXX2 |
DUI |
The defendant was involved in a single vehicle accident. According to the report, the defendant ran off the road and hit a sign. When the officer arrived on the scene, he observed several idicators of impairment. He observed an odor of alcohol, slurred speech and a noticable sway. When he asked the defendant for his driver\'s license, he handed him a credit card. After noticing the indicators, the officer requested that the defendant perform field sobriety exercises. According to the officer, the defendant did poorly. He was arrested and taken to jail where he blew a .128.
On the day of trial, the state dropped the DUI. |
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01/09/2009 |
07-272XXXXM10A |
DUI |
The defendant was involved in a severe one car accident that caused a tremendous damage to three lawfully parked vehicles. This accident was observed by civilian witnesses. An officer arrived on scene and began an investigation and noticed that the defendant was responding strangely to simple questions about the accident. For example, the defendant told the Officer that nothing happened and handed the officer a credit card when asked to provide her drivers license. The officer noticed that the defendant was having great difficulty standing and that her speech was slurred. The defendant was also in possession of two water bottles filled with vodka, but the officer testified that her breat in no way smelled of alcohol. The defendant performed roadside sobriety exercises so poorly that they were stopped for her safety and the defendant refused the breath test. Four counts of DUI with Property Damage were all dropped by the State after the Judge Granted our Motion to Suppress the Defendant’s Arrest for Lack of Probable Cause. The entire case was dismissed.
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01/08/2009 |
07-X27XX3XXM10A |
DUI |
The defendant was involved in a multiple vehicle crash. Upon arriving, the arresting officer made contact with the defendant, and noticed that she showed several signs of impairment, including slurred speech, trouble producing her driver’s license, and unsteadiness as she stood in place. When asked where she was going, the defendant told the officer that it was Friday, that she was going to school to pick up her niece. (this event occurred on a Saturday) Roadside exercises were offered however they could not be completed as the driver was so unsteady on her feet. A breath test and urine test was requested, but the defendant refused. Because of the multiple car crash, the defendant was charged with 4 counts of DUI. After the court granted the firm’s Motion to Suppress, all 4 counts of DUI were dropped by the State of Florida.
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01/08/2009 |
08-X1XX8XXM10A |
DUI |
The defendant’s car was stopped for making a wide turn and continuing to drive over the lane dividers. Upon making contact with the driver, the officer noticed red/glassy eyes, flushed face, and that the driver had difficulty producing documentation for the car. The officer also noticed the odor of alcohol, and the defendant admitting coming from a strip club. According to the officer, roadside exercises were performed poorly, and the defendant was arrested. A breath test was given with results of .123, .112. After the firm filed a Motion to Suppress, challenging the stop of the defendant’s car, the state dropped the DUI charge. |
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01/08/2009 |
08-105XXXXM10A |
DUI |
The defendant was seen by a Sheriff’s deputy making a wide right turn and weaving outside her lane of travel. The deputy initiated a traffic stop and noticed that the defendant smelled of alcohol, had difficulty identifying and handling her vehicle documentation, had red and bloodshot eyes and a flushed face. The defendant performed roadside sobriety exercises and did so poorly. The defendant was arrested and registered a .123/.112 g/210 L on the intoxylizer. The Firm filed a Motion to Suppress the Unlawful Stop of the Defendant’s Vehicle and the DUI charges were dropped by the prosecution.
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01/07/2009 |
2008XX02XXX61AXX |
DUI |
The defendant was traveling on a very wet road behind an officer who was dispatched to follow this vehicle. The car was hydroplaning over puddles and driving extremely fast. The officer was driving up to 75 miles an hour and could not keep up with the defendant’s car. The officer pulled the vehicle over and made contact with the defendant. The officer noticed an odor of alcohol on his breath and when the officer asked him for his license, registration and insurance, the defendant just stared at him with a blank look on his face. The officer had to ask whether he understood what he just asked him for until the defendant gave him his license. The defendant also was making statements about a lost ATM card without being asked about it. Backup arrived and a DUI officer conducted roadsides. During the walk the line, the defendant could not stay in the starting position, made an improper turn, used his arms for balance and took the incorrect number of steps requested by the officer. During the one leg stand, the defendant did not pick his leg up 6 inches off the ground as instructed and was swaying while standing. During the alphabet task, the defendant could not remember the alphabet and made numerous errors reciting it back to him. The defendant admitted to having some drinks and being on his way to a bar. At the breath facility, the defendant refused to take a breath test. Verdict: Not Guilty
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12/22/2008 |
08-2XX424XXXM10A |
DUI |
The defendant was stopped for having an expired license tag. The officer noticed that the defendant had an odor of an alcoholic beverage on his breath as well as other indicators of alcohol impairment. The defendant was asked to perform roadside sobriety exercises and did so poorly. The defendant was arrested thereafter and submitted to the breath test. The Firm wrote a letter to the Office of the State Attorney and outlined the circumstances surrounding the arrest. The state then declined to file formal charges of DUI against the Defendant.
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12/18/2008 |
2XX7-CXXXT-15XX9 |
DUI |
The defendant was pulled over for driving without headlights on. The officer smelled an odor of alcohol on his breath, noticed a distict front to back sway, observed bloodshot eyes, and claimed he looked very sluggish. The defendant admitted to drinking 3 drinks at a local bar. The officer then requested he perform field sobriety exercises. Acoording to the officer, he did not perform them correctly and he was arrested. He was taken to jail where he blew a .070 and a .071.
The State of Florida dismissed the DUI after looking closely at the file. |
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12/03/2008 |
08-MXXM-XX76-A |
DUI |
The defendant was traveling approximately 75 MPH in a 45 MPH zone when he passed through an alleged red traffic light and caused a police officer to agressively apply his breaks as he was about to enter the intersection with a green light. The defendant locked up his breaks and came to a stop past the intersection where the first officer made contact. The officer not only smelled alcohol but also saw that a beer can that was between The defendant’s legs. The second officer on scene conducted the Field Sobriety Eexercises and arrested the defendant. The defendant gave a breath sample of .115 and .120. The DUI charge dropped.
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12/02/2008 |
08-2XXX36XXM10A |
DUI |
The defendant was stopped for speeding at 41 mph in 35 mph zone. Upon making contact with the defendant, the officer noticed the defendant to have an odor of an alcoholic beverage and bloodshot eyes and exhibited other characteristics of an impaired driver. The defendant performed roadside sobriety exercises and submitted to a breath test and was arrested for DUI. The Firm was hired to do a pre-filing investigation into the circumstances surrounding the defendant’s arrest for DUI. Based on our investigation and information provided by the Firm to the State Attorney’s Office, the State did not file the DUI charges.
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12/02/2008 |
08-XX13XXX8MXX10A |
DUI |
The defendant hired the firm for a pre-filing investigation into the circumstances surrounding his DUI arrest. The defendant was stopped for having tint too dark on his windows and for failing to maintain a single lane. The defendant exhibited indicia of alcohol and/or drug impairment and submitted to both the breath and urine tests. Based on the firm’s pre-filing investigation and information provided to the State Attorney’s Office, the State did not file charges for DUI.
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12/01/2008 |
08-XX989XXXXX |
DUI |
The defendant was stopped after a DUI officer received a call about an impaired driver. The officer observed a vehicle which matched the description of the vehicle from the anonymous report. The officer followed the vehicle and witnessed its left side tires cross the fog line. The vehicle then swerved in its lane a total of 3 times to the left, then drifted once to the right side of its lane. The vehicle then drifted outside of its lane 3 more times within a ½ mile distance. The defendant stopped past the stop bar as it approached a red light. At that point, the officer initiated a traffic stop. Upon making contact with the defendant, the officer immediately detected an odor of an alcoholic beverage and had red-watery eyes. The defendant stated he had not been drinking. The defendant tripped as he exited his truck. The defendant then stated he had consumed 1 beer. The defendant refused Field Sobreity Exercises. The defendant was then arrested. Upon a search of the defendant’s vehicle, a large cup half filled with an unknown alcoholic beverage was found in the front driver’s side cup holder. The drink was cold and had ice in it. A 1.7 liter bottle of Svedka vodka was found in the back seat. The defendant refused to take the breath test. Result: State dropped the DUI charge.
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11/26/2008 |
08-XX21XXX8MM10A |
DUI |
The defendant was seen making a high speed turn at the intersection of Powerline and Copans Road. The officer began to follow the defendant and witnessed him make sharp lane changes and a series of strange u-turns. The defendant pulled into parking spot located at a gas station that was closed at the time. The defendant exited his vehicle and went to the front door of the fully lit, but closed, gas station convenient store. The officer pulled his marked police unit directly behind the defendant’s vehicle, preventing the defendant’s vehicle from moving. The officer then commanded the defendant to move toward the officer in order to conduct a DUI investigation. At that time, the officer noticed the defendant to have an odor of an alcoholic beverage and bloodshot and glassy eyes. The defendant also admitted to drinking. The defendant refused all roadside testing and the breath test. The Firm filed a motion to Suppress the Stop of the defendant’s Vehicle and the Unlawful detention for Roadside Sobriety Exercises. All Motions were granted by the Court and the State dropped all charges, including the DUI.
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11/20/2008 |
08XX37XXXXXX |
Racing |
The defendant was seen on his motorcycle approaching a red light along with 2 other motorcyclists. The officer heard the cyclists roaring their engines at the light. After the light turned green, the officer observed the 2 outside motorcyclists take off hard while the defendant in the middle lane leaned forward and accelerated hard enough to burn the rear tire. The officer could hear the tire squeal and see smoke as the defendant leaned forward and swept his feet back in classic drag racing position. The defendant pulled well ahead of both other riders. The defendant was clocked at 64 mph in a 40 mph zone during this acceleration. The defendant was stopped for racing. The defendant admitted that he was “being stupid.” All of the events were caught on the officer’s in-dash camera. Result: State dropped the Racing charge.
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11/19/2008 |
0847XXXXX |
DUI |
The defendant was stopped for traveling 68 mph in a 35 mph zone. The officer conducting the stop, upon making contact with the defendant, noticed the defendant to have the distinct odor of alcohol on his breath, glassy, watery/bloodshot eyes and slurred speech. The officer then requested a DUI investigator to perform a DUI investigation. When the DUI investigator arrived, he observed that the defendant swayed as he stood, had the odor of an alcoholic beverage on his breath and bloodshot/glassy eyes. The defendant performed field sobriety exercises unsatisfactorily. During the Walk and Turn test, the defendant failed to maintain his balance, did not touch heel to toe, stepped off the line, took the wrong number of steps and used his arms for balance. On the One Leg Stand test, he swayed while balancing, used his arms for balance and hopped to maintain balance. During the Finger to Nose test, the defendant failed to return his arms to his side as instructed and failed to touch his nose with his finger. The defendant incorrectly recited the alphabet during the Alphabet test, and incorrectly counted from 100 to 75 backwards.
The defendant admitted that he drank 2 beers an hour while at the beach from noon to 6pm. He admitted to having a “buzz” and that he did feel the effects of the alcoholic beverages. The defendant refused to take the breath test.
The firm set the case for trial, but before trial the State dropped the DUI charge.
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11/18/2008 |
08-XXXC-4XX5XX7 |
DUI |
The defendant was stopped for a tag light out and no other driving pattern. The officer smelled alcohol the defendants breath, saw that he keep putting gum in his mouth and would turn his head to talk to the officer so that he could not smell his breath. The defendant did all of the Field Sobriety Exercises, but had many discrepancies that the officer noted. A civilian interpreter was used to give the instructions while he was on a ride along. The defendant had trouble understanding this interpreter and went more by what he observed than what he was told. The defendant was arrested for DUI and refused a breath test. After talking to the state and filing a motion, the DUI charge was dropped. |
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11/12/2008 |
200XCXX20XX66AXX |
DUI |
Facts: The defendant was pulled over at a roadside sobriety checkpoint for having an expired tag. Stopping officer noticed that the driver had an odor of alcohol coming from him, glassy eyes, slow lethargic movements and was slurring his speech. The DUI officer responded and noted that the driver was fumbling through the same documents for 10 minutes and could not find his registration. The defendant exited his car and shuffled his feet losing his balance. He consented to roadside tasks and during the walk and turn stopped after the first 9 steps and had to ask what else to do. On the way back after the first 9 steps, the defendant lost his balance where the officer had to actually walk behind him to make sure he didn’t fall. During the finger to nose task, the officer testified the defendant did not keep his head back and NEVER touched his nose at all. During the alphabet task, the defendant swayed noticeably and paused for about 3 to 5 seconds on the video after he got to the letter D as well as the letter X. The defendant was arrested for driving under the influence and taken back to the Breath Alcohol Testing Facility. He was asked how old he was on video and he said, 35 or 36? He then refused to give a breath sample. The firm went to trial and after closing arguments: VERDICT: Not Guilty.
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11/12/2008 |
06-2XX0XXXM10A |
DUI |
The defendant was involved and was the cause of a head on collision. When officers arrived on scene the defendant was noticed to have an odor of alcoholic beverage, bloodshot watery eyes, slurred speech and was unsteady on her feet. The defendant was asked to do roadside sobriety exercises and performed poorly. The defendant admitted she was at a bar and was drinking. She submitted to the breath test and came in over the legal limit at .127/.130 g/210 L. The firm filed motions to suppress statements, the roadside exercises and the breath test. All motions were granted and the state dropped all DUI charges.
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11/05/2008 |
CT-009XXX |
DUI |
The defendant was seen pulling out of a bar parking lot at about 12:30 am. She was stopped for failing to maintain a single lane after the Deputy saw her passenger side rear wheel touch the outer edge of the outermost lane 3 times. Upon contact with the Defendant, the Deputy noticed slurred speech and difficulty maintaining her balance. A DUI investigator was called to the scene. The DUI investigator noted an odor of an alcoholic beverage on the Defendant’s breath, bloodshot and glassy eyes and slurred speech. The Defendant performed field sobriety exercises unsatisfactorily and was arrested. The Defendant was taken to Central Breath Testing where her breath test results were .175/.174. The firm filed a motion to suppress the results of the field sobriety and breath tests. The Judge, based on the testimony and legal argument by the firm at the motion hearing, granted the motion and dismissed the DUI charge.
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10/28/2008 |
20XXCTXXXX587AXX |
DUI |
The defendant was driving down the road without it’s headlights on and swerving within his lane and to the other lane almost striking a car. The defendant did this multiple times. While approaching the car, the officer saw the defendant in the drivers seat of the vehicle and he reached into his pocket and through something in the backseat of the car. The officer smelled an odor of alcoholic beverages and the defendant’s eyes were glassy, red and bloodshot. After performing poorly on the roadsides, the defendant was arrested for DUI. The officer went back to the car and found the bag in the back seat which contained valtox tested positive marijuana. The officer then asked the defendant what he had to say about the marijuana while he was handcuffed in the back seat of the patrol car to which the defendant admitted it was his and he had smoked it earlier. The firm took the officer’s deposition where he stated he did not read the defendant his rights before asking him “what he had to say about the marijuana”. The defendant was taken to the breath alcohol testing facility where he blew a .056 and .058. He then refused to take a urine test after being asked to do so by the officer. Result: Stated dropped the DUI charge on the day of trial.
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10/22/2008 |
07-0XX81XXXM10A |
DUI |
The defendant was stopped for traveling well below the speed limit and continuously weaving and drifting between lanes causing other traffic to take evasive action. The defendant also executed a u-turn almost striking the median. Upon making contact with the defendant, officers noticed him to have slurred speech, bloodshot watery eyes, unsteadiness on his feet and had a constant sway. The defendant submitted to roadside sobriety exercises and performed poorly to the extent that the defendant could maintain his balance during simple instructions. The defendant admitted to taking two oxycodone pills prior to driving and had a bottle full of an alcoholic beverage in the cup holder of his vehicle. The defendant submitted to a breath test and blood test that were positive for oxycodone. All DUI charges were dismissed.
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10/15/2008 |
03CXX0XXX435AXX |
DUI |
FACTS: Defendant was sitting at a stoplight in his truck without his headlights on. The light turned green and accelerated towards a major accident scene in a manner that the officer at trial testified to be “reckless”. The officer waived him down because he was driving at 10:00 p.m. without his lights on. She stopped the defendant and noticed that he had an open beer in his lap and a cooler of beers with an empty beer and 3 closed beers in the cooler next to him on the seat. There was a passenger drinking beer in the car as well. When the officer asked him why his headlights were out, he said, “they are on.” The officer had to show him that they were in fact not on. The officer testified at trial that the defendant was in a “stupor” and looked like he just woke up. When asked for license, registration and insurance, the defendant passed over his licesne 2 times in his wallet which was in plain view. He then just stared straight ahead when the officer said, “didn’t I ask you for other documents?” The officer smelled alcohol coming from the defendant’s breath, he had red, glossy eyes and slurred speech when he spoke. She then had the defendant pull over and ordered him out of the car. The defendant had to hold onto the car for support when getting out and was swaying while he was standing. When asked to tilt his head back and close his eyes for 30 seconds, he did it for 50 seconds. When asked to touch the tip of his nose with the appropriate hands, he raised his hands straight up in the air and pointed to the sky. This occurred after 3 instructions to do the same thing. The defendant was arrested for DUI and taken to the police department for a breath test. The defendant refused a breath test and the officer read implied consent. The defendant then refused to blow and pretended not to understand the implied consent over and over again. The defendant then told the officer questioning him that he had been drinking, didn’t know with whom and didn’t know where but did know that he could feel the effects of alcohol and was under the influence. Verdict: Not guilty.
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10/02/2008 |
07-4334XDMTES |
DUI |
The defendant was stopped for traveling 90 mph in a 50 mph zone. After the stop, the deputy noticed an odor of alcohol coming from her breath and her eyes to be bloodshot and glassy. The defendant was asked to exit the vehicle. She admitted to drinking 2 beers, but later changed her story to admitting to 5 beers. The defendant was requested to perform Field sobriety exercises. On the walk and turn test: she could not keep her balance during instructions, failed to touch heel to toe, started before instructions were finished and stepped off line 3 times. During the one leg stand test: she put her foot down 3 times, hopped to maintain her balance and swayed while balancing. During the finger to nose test: she missed the tip of her nose 5 out of 6 times, failed to return her arm to her side 3 times and raised the wrong arm once. The defendant was arrested for DUI. She provided a breath sample of .092/.092. The firm filed multiple motions to suppress evidence based on an illegal detention. The first motion was granted and before the second could be heard by the court, the State dropped the DUI charge.
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09/24/2008 |
200XX8-CXXTXX042 |
DUI |
The defendant was pulled over for weaving back and forth from the center lane to the right lane. The officer also stated that she was driving at 3 AM without her headlights on. When the officer approached, he noticed that her eyes were bloodshot, her speech was thick tounged and she had an odor of alcohol coming from her breath. He requested that she step out of the vehicle. When she did, according to him, she was unsteady. He also stated that she was unsteady when she walked. The officer requested that she perform field sobriety execises and she stated that she wanted to speak with her attorney first. He then requested the she supply a breath sample and once again, she asked for her attorney. She was arrested based on her condition and her refusal to perform field sobriety exercises and/or a breath test.
On the day of trial, the state dropped the DUI. |
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09/23/2008 |
88XXX7-XCXXL |
DUI |
The defendant was involved in an argument with the male passenger in her car. The officer following the defendant’s vehicle initiated his emergency lights when it appeared the two may be involved in a struggle inside the car. The defendant continued approximately ¼ of a mile before stopping. The officer asked the defendant to exit her vehicle and speak to him regarding the possible domestic disturbance. During this time, the officer noticed the defendant to have watery eyes and was having trouble maintaining her balance. He also notice the odor of an alcoholic beverage on her breath. The defendant explained that she and her passenger were not having a domestic dispute. She also told the officer that the two of them had just come from the Casino. While the defendant was explaining this to the officer, he noticed that she could not stand without using the car for support. A DUI investigator was called to the scene. When the DUI officer arrived, he noted the defendant had trouble standing and her speech was slurred. The defendant was requested to perform field sobriety exercises, which she agreed. The defendant fell down as she attempted to remove her shoes before beginning the exercises. The defendant displayed multiple signs of impairment during the exercises and was arrested. The defendant provided 2 breath samples which indicated a BAC of .185 and .189. The firm filed a motion to suppress evidence in the case. Based on the probability of the motion\'s success, the State dropped the DUI charge.
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09/22/2008 |
35XXX7-XCXXO |
DUI |
The defendant was stopped for speeding (65mph in a 45mph zone). Upon contact with the defendant, the deputy noticed a strong odor of alcoholic beverages on his breath and his eyes were bloodshot and glassy. The defendant kept repeating questions related to his stop. The defendant performed poorly on field sobriety exercises and post Miranda admitted to taking multiple shots of whiskey earlier in the evening. The defendant submitted to breath samples of .145 and .137 breath alcohol content. Result: State dropped the DUI charge.
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09/19/2008 |
08-7XX41XXXM10A |
DUI |
The defendant was stopped by a Broward Sheriff’s Office Deputy for speeding and running a red light. The deputy noticed the defendant to have an odor of an alcoholic beverage about his breath; bloodshot watery eyes, and slurred speech. The DUI investigator made the same observations and noticed that the defendant was also unsteady on his feet. The defendant performed poorly on roadside sobriety exercises. The defendant admitted to consuming at least three alcoholic beverages before driving and then refused a breath test. The State dropped all charges, including the DUI.
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09/17/2008 |
200XXT01XX98AXX |
DUI |
The defendant was driving on Okeechobee Boulevard when an officer observed the defendant driving in the center of the road after turning onto Barcelona Drive. The vehicle then rolled through a stop sign and almost stopped in the middle of the road and made a wide right turn. This was all captured on video and played during the trial by the state attorneys office. The officer stopped the defendant and approached the vehicle. The driver of the vehicle had reddened glassy eyes, slurred speech and had an odor of an alcoholic beverage coming from his breath. The officer ordered the defendant out of the car where the defendant was unsteady on his feet and stumbled backwards. The defendant was not steady on his feet again 2 more times before starting the exercises. The officer asked the defendant if he had been drinking and he said he had several beers. The officer first asked the defendant to do the walk and turn. The defendant could not maintain his balance, barely stayed on the line at all and never walked heel to toe. The defendant could not perform the one leg stand. Additionally, during the finger to nose task, the defendant touched the nostrils, bridge of his nose and could not keep his eyes shut even though he was told to touch the tip of his nose and keep his eyes shut. The field sobriety exercises were caught on video and showed a poor performance on the one leg stand and walk and turn. The defendant was arrested for DUI and taken to the Breath Alcohol Testing Facility where he refused a breath test. He then admitted there to drinking 2 or 3 beers that night and admitted to have been driving home from a bar. Verdict: Not guilty.
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09/11/2008 |
0X-XXXXXXXXXX |
DUI |
The defendant was stopped for speeding, expired tag and having a broken side view mirror. After being stopped the officer noticed the strong odor of alcohol, bloodshot eyes, flushed face and slurred speech. Once out of the car, the defendant was very unsteady and had trouble walking to the rear of his car. The defendant admitted to drinking a couple of drinks and coming from an unknown bar. Roadside exercises were offered and refused and the defendant was arrested. Once at the police station, according to the arresting officer, the d0efendant became enraged, banging his head on the metal door, spitting on the wall and urinating in his cell, then rubbing his hands in the urine. The breath test was refused. Acquitted of DUI by jury after 15 minutes of deliberations. |
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09/10/2008 |
CTXX7-52XXRGXXXCF |
Reckless Driving |
The defendant was northbound on US 19 and began accelerate extremely fast to a speed over 95 mph. The officer attempted to pace the motorcycle but it continued to pull away from him. The defendant was seen cutting in between vehicles cutting off several cars and actually passing in between cars that were directly next to one another. The defendant was arrested for Reckless Driving. On the day the case was set to go to a jury trial, the state dropped the case.
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09/09/2008 |
07-2XX587XXXM10A |
DUI |
The defendant was seen by an officer speeding and driving recklessly by an officer. The defendant was seen weaving in and out of traffic at speeds in excess of 90 mph in a construction zone. The officer made contact with the defendant and noticed the defendant to have an odor of an alcoholic beverage about his breath; bloodshot watery eyes; slurred and mumbled speech; and a flushed face. The defendant was placed into handcuffs upon exiting his vehicle and was transported to two separate locations for roadside sobriety exercises in marked police units. The defendant performed poorly on roadside exercises and blew a .166/.165 g/210L on the intoxylizer. The Firm brought Motions to Suppress the Unlawful arrest and Roadside Exercises based on the illegal use of the handcuffs upon the defendant when he exited the vehicle. The Motion was granted and all evidence of the DUI was suppressed. The State dropped all DUI charges
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08/21/2008 |
97-2XX863XXXM10A |
DUI |
The defendant was seen sleeping at the wheel of his vehicle by a civilan witness while at a traffic light. The officer responded to the scene, approached the vehicle, noticed that it was running and that the defendant’s foot was on the brake. The officer was unable to wake the defendant even by the use of his air horn on his vehicle or by the use of his emergency lights. The defendant would not wake up even when the officer shook him and screamed directly into his ear. When the Defendant finally woke up, he had slow and lethargic movements, a strong odor of alcohol, bloodshot eyes and slurred speech. The defendant admitted that he was arrested a few nights before this incident for another DUI. The defendant was asked to perform roadside sobriety exercises and did so poorly. He then submitted to a breath test that resulted in a reading of .191/.199 g/210L, more than two times the legal limit. All DUI charges were dropped by the State of Florida.
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08/15/2008 |
200XXXT03XXX7AXX |
DUI |
The defendant was driving his vehicle North on North County Road when he passed a deputy and looked at him with a dazed and confused look. The vehicle was slowing down and speeding up and he was drifting out of his lane. When he got to the next light, he turned without signaling and was stopped by the officer. The officer noticed that the defendant had red, glassy eyes, had an odor of an unknown alcoholic beverage coming from his breath and his speech was slurred. He was unsteady of his feet when he got out of the vehicle and had a difficult time opening the glove compartment and getting his documents out of his wallet. He told the officer that he had 2 or 3 drinks. During the walk and turn, the defendant lost his balance. During the instructional phase, used his arms for balance, took ten steps instead of the instructed nine, made an improper turn, stepped off the line, took 12 steps back instead of 9. During the one leg stand, the defendant immediately lost his balance, put his foot down several times, used his arms for balance, and swayed while standing. During the finger to nose, the defendant did not keep his eyes closed as instructed, failed to return his arms to his side and did not touch his finger to his nose. The defendant was arrested for a DUI and was taken to the Breath Alcohol Testing facility where he gave 3 samples of his breath. The first sample was a volume not met sample, the second was a .169 and the third was a .193. The firm filed a motion to suppress the evidence in the case based upon the stop being unlawful and in violation of the clients 4th Amendment Right to be free from unreasonable searches and seizures. Result: State dropped the DUI charge.
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08/06/2008 |
200XXXTXX09XXCO |
DUI |
The defendant was involved in a traffic accident when she drifted off the side of the road and over-corrected bringing her car into the other lane, side-swiping a trailer. The defendant displayed slurred speech, watery/bloodshot eyes and trouble maintaining balance. The defendant admitted to taking 2 Darvocet pills within the last few hours. The defendant performed poorly on field sobriety exercises and was arrested for DUI. The defendant then refused to take a breath test. Result: the State dropped the DUI.
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08/04/2008 |
20XX8-CT-5XXX5-O |
DUI w/ Property Damage |
The defendant was involved in an accident. He informed the officer at the scene that he had consumed four 20 ounce Colt 45’s. The defendant then told the officer that he started drinking at 8pm and then stopped drinking at 8pm. He then went on to do the field sobriety exercises which resulted in him being arrested for DUI. At the breath testing center he blew a .237 and a .246. Due to the firm\'s efforts and arguments, the State agreed to reduce the DUI charge to reckless driving. |
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08/04/2008 |
200XXTXX02XCL |
DUI |
The defendant was seen accelerating rapidly from a traffic light. The officer followed the vehicle and saw it drifting to the right. The officer then witnessed the defendant drive with both right tires in the gutter. The officer estimated the speed of the defendant to be about 60 mph in a 40 mph zone. After the defendant was stopped, he performed field sobriety exercises poorly and was arrested. He provided a breath sample of .189 and .192. The firm filed a motion to suppress the stop of the vehicle and on the day the motion was to be heard, the State dropped the DUI charge.
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08/01/2008 |
08-009XXX5MMXX0A |
DUI |
The defendant was the driver of a vehicle involved in a crash in the parking lot of a liquor store and spontaneously uttered “I drank half a bottle of vodka today while at home” and took (20) 10 mg. pills valium and later stated she took 50 Valium. There were also 2 empty bottles of Smirnoff Vodka in the glovebox. Officers noticed the defendant to have an odor of an alcoholic beverage, bloodshot watery eyes, mumbled and mush mouthed speech and difficulty exiting her vehicle. The defendant was asked to perform roadside sobriety exercises and did so poorly and nearly fell over and needed assistance to walk. The defendant was arrested and submitted to a breath and urine test. The Firm filed a Motion to Discharge based on a Speedy Trial Due Process Violation. The State elected not to file any charges after the filing of the Motion.
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07/30/2008 |
250XXCT0XXXX51AXX |
DUI |
An officer was dispatched to a crash where the suspect had flipped his SUV on the highway 8 times. The vehicle was on fire and witnesses rushed to the scene and broke the front windshield out with the suspect’s golf clubs and pulled him from the fire. The officer arrived and smelled an odor of alcohol coming from his person, his eyes were glassy and he had slurred speech. The suspect was told he was being investigated for driving under the influence and was read his Miranda rights. The suspect admitted he was coming from a football party and had been drinking. He was asked to give a blood sample to determine his alcohol content on scene and refused that request. The suspect was taken to the hospital for his injuries where the officer again requested that he provide a blood sample to determine the alcohol content of his blood to which the suspect again refused. The firm filed a motion to suppress the refusal to submit to a lawful test of his blood and well as a motion to suppress any statements he made to the officer based upon a Miranda violation concerning the suspect’s right to counsel. Result: Prior to starting the hearing on the Motion to Suppress the State Attorney’s office dismissed the DUI charge.
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07/24/2008 |
08-1XXX78XXM10A |
DUI |
The defendant was charged with her second DUI within a year. She was stopped by a Broward Sheriff’s Deputy for disobeying an inoperative traffic light, failing to yield the right of way and making an improper right turn. The defendant was observed to have an odor of an alcoholic beverage, flushed face, red and glassy eyes, difficulty grasping her driver’s license, and was unaware of her location. The defendant was asked to do roadside sobriety exercises and did so poorly. The defendant registered a .06 on the intoxylizer and admitted to smoking marijuana to the officer. The defendant refused to submit to the requested urine test for drugs. The State dropped all DUI charges and all infractions were dismissed.
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07/23/2008 |
05-1039XXXXF10A , 06-0200XXXXF10A, 08-114XXXX10A |
Aggravated Battery Domestic |
The defendant was on felony probation for two separate cases for drug and weapons charges. The defendant was arrested on charges (Domestic) Battery by Strangulation which violated the two probation cases listed above. The defendant was facing 30 years in prison at the maximum and would be sentenced to prison if it was determined that he violated probation based on the new arrest. The Firm obtained evidence that the defendant was actually the victim of the Domestic Violence and that the alleged victim as named by the State lied about the events leading to the defendant’s arrest. The Firm was able to have the defendant released from a “no bond” incarceration and the State was forced to drop the (Domestic) Battery by Strangulation and dismiss all violations of probation on the cases listed above.
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07/21/2008 |
08-XXX700XXM10A |
DUI |
The defendant was found by officers to be slumped over the wheel of his vehicle and asleep. The vehicle was partially obstructing traffic. It took several attempts to wake the defendant both verbally and physically. Upon the defendant waking up, the officers observed the defendant to have the strong odor of an alcoholic beverage, bloodshot, glassy eyes, a dazed and confused look and was unsteady on his feet to the extent he had to use his car door for balance upon exiting the vehicle. He also had difficulty handling his vehicle documentation and locating it. The defendant refused to answer any questions, perform any roadside sobriety exercises or submit to any breath test despite being warned of the possibility that his license would be suspended for one year. The firm filed 2 Motions to Suppress on the client’s behalf. The State dropped all DUI charges
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07/21/2008 |
20XXXTXXX9AXX |
DUI |
Facts: The officer was sitting in his car at a stop light waiting to turn when a small car driven by the defendant drove by so fast that the officer’s vehicle literally “rocked”. The officer drove after the suspect and pace clocked the vehicle going 70 in a 45 mph zone. The vehicle slowed down to 65 and then sped back up to 70 miles per hour. After activating his emergency lights, the vehicle did not slow down initially, changed lanes without signaling then braked heavily and stopped in a turn lane just before the entrance to the Walgreens driveway. After asking the driver to move her vehicle, she pulled into the access drive and stopped her car giving the officer no room to pull past her. The officer had to use his P.A. system again to inform her that she needed to pull up further. Upon contact with the driver, he smelled a noticeable odor of an alcoholic beverage coming from her facial area. The driver continued to apologize and kept stating that she just wanted to go to bed. The officer stated that she had bloodshot glassy eyes, slightly slurred speech, dilated pupils and her eyelids were fluttering. The driver admitted to having 2 glasses of wine and taking 2 pills without a prescription for them. The officer also claimed that the driver argumentative and sarcastic with him during the field sobriety exercises. According the officer, on the walk and turn exercise, the driver took 12 steps on the way down and 21 on the way back intead of the instructed 9. She also started early several times and after taking the 21 steps on the way back, she turned to the officer and asked if she should keep going? She would not count even though she was instructed several times to count out loud. The driver was eventually taken into custody for Driving Under the Influence and a breath test was requested to which the driver refused. RESULT: The state dismissed the DUI prior to trial.
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07/15/2008 |
200XCXXX9661AXX |
DUI |
The defendant was seen speeding in his car and making a turn from the wrong lane. Once he was stopped, the officer noticed that there was an odor of alcohol, bloodshot eyes, slurred speech and he was having trouble producing documentation for the car. Roadside exercises were requested and the defendant performed poorly according to the officer. After the arrest, the defendant was asked to submit to a breath test, and he agreed. The results were .093 and .092. All charges were dropped during the jury trial. |
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07/10/2008 |
07-02XX08XXXM10A |
DUI |
The defendant crashed in to the rear of a stopped tow truck at a high rate of speed. The defendant made several statements to the first responding officer that he was the driver involved in the crash and made several statements regarding how much alcohol he had consumed. That deputy noticed the defendant to be unsteady on his feet and the odor of an alcoholic beverage on his breath covered by a breath mint. The defendant also had slurred speech; difficulty coherently answering questions; and a flushed face and bloodshot watery eyes. The defendant refused to perform roadside sobriety exercises and refused a blood test. The DUI charges and the criminal Refsual to Submit to Testing were dropped. |
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07/08/2008 |
07-7XX0MXXXM10A |
DUI |
The defendant was stopped by an officer from the Hollywood Police Department for racing another vehicle, driving at an excessive speed, cutting off other vehicles; running a stop sign and making a turn into oncoming lanes of traffic. That officer as well as the DUI Investigator noticed that the defendant had an odor of an alcoholic beverage; flushed face; bloodshot and glassy eyes, slurred speech and was argumentative and had mood swings. The defendant was stumbling and had to use his vehicle for balance. The defendant was asked to perform roadside sobriety exercises and did so poorly. The defendant admitted to being under the influence and to consuming three rum and cokes and to taking two percocet and one tagamet. The defendant was arrested for DUI and refused all testing. The judge entered a judgment of acquittal based on the firm’s motion made at the close of the State’s case and the case was not allowed to go to the jury. This was the equivalent of a dismissal entered by the judge.
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07/02/2008 |
20XXXXR000XXXAXX |
DUI |
The defendant was observed driving a 2005 Infiniti that pulled out in front of a police officer at a high rate of speed. The car was seen by the officer weaving from right to left “all over the road”. The vehicle made quick turns on different roads. After being stopped, the officer had difficulty understanding anything the defendant was saying. A strong odor of an unknown alcoholic beverage was coming from the defendant and he had slurred speech as well. The defendant submitted to field sobriety exercises where he swayed and flapped his arms during the walk and turn exercise. He also stepped off the line several times and almost fell over on step 6. During the one leg stand the defendant swayed during the entire exercise and put his foot down 3 times and asked several times if he was done. During the finger to nose exercise, the defendant did not close his eyes as instructed, did not tilt his head back as instructed and did not touch tip as instructed. During the alphabet task, the defendant did not close eyes as instructed and at the end of the exercise he fell backwards 2 steps. The defendant admitted on scene to the officer that he had 7-8 drinks. The defendant was taken into custody and refused a breath test. Subsequently, the defendant answered questions by the officer which incriminated him. The defense filed a motion to suppress the refusal as well as a motion to suppress defendant\\\'s statements based on a 5th amendment right to remain silent prior to the trial date. RESULT: The State dropped the DUI charge at trial.
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07/01/2008 |
200X-CXXT-1XXX2 |
DUI |
The defendant was pulled over for a road rage incident. He allegedly cut off another vehicle and slammed on his brakes and weaved in front of another vehicle to prevent them from passing. After the vehicle did pass him, he began to flash his high beams at them. When the officer approached the vehicle, he noticed that the defendant smelled of alcohol and had bloodshot eyes and slurred speech. The officer asked him to step out of the vehicle and perform field sobriety exercises. The defendant did the exercises and was arrested afterwards. He was taken to jail and refused the breath test claiming that he wanted to speak with his attorney first. The case went to trial and a jury found him not guilty after deliberating for a short 30 minutes. |
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06/16/2008 |
07XXX4FDUXXX |
DUI |
The Defendant was stopped for going 89 mph in a 50 mph zone. After the Deputy stopped the Defendant, he noticed an odor of alcohol, bloodshot eyes and slurred speech. The Defendant admitted to drinking several beers. A DUI officer arrived to conduct a DUI investigation. The Defendant performed several field sobriety exercises unsatisfactorily and was arrested. The Defendant then provided breath samples of .129 and .125. Jury’s verdict: Not Guilty |
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06/11/2008 |
08-TC-0XXX65 |
DUI |
The defendant got into an accident and left the scene. An officer stopped him after noticing a driving pattern of weaving and going up on a curve. As the officer was talking to the defendant, he heard over the radio about a hit and run and detained the defendant until the other officer arrived and did an accident report. After the accident report was done the police started a Dui investigation. The defendant refused Field Sobriety Exercises and the breath test. The State dropped the leaving the scene of the accident and the DUI property damage. The DUI charge was reduced to a wet reckless driving. |
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06/09/2008 |
200XCXXXX48X1AXX |
DUI |
The defendant was clocked going 69 mph in a 50 mph zone. The officer stopped the defendant who was confused and completely dazed and was not listening to anything the officer said. The defendant was unable to focus on the officer and had glassy, red bloodshot eyes and an odor of alcohol on his breath. He also had an open beer bottle in the front seat with an open empty beer bottle in the back seat and a cooler of five cold beers closed in the front seat. The defendant fumbled through his documents and had to be told what he was looking for over and over again until he finally found the documents. The officer asked defendant to exit his vehicle and he was unable to maintain his balance. The defendant admitted that had drank a couple of beers and after being requested to perform field sobriety exercises, he was arrested for DUI. He was taken to the Breath Alcohol testing facility where he refused the breath test that was requested. Verdict: Not Guilty.
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06/09/2008 |
07-125XXXXMXXM10A |
DUI |
Three Officers from the Plantation Police Department responded to a rear end collision in which the Defendant was involved. Upon the arrival of the officers, the Defendant was found asleep at the wheel of his vehicle with the motor running and he was unresponsive to the officers’ attempts to wake him. The Defendant was dazed, confused and disoriented upon waking up. The Defendant was asked to exit his vehicle and was extremely unsteady on his feet and “appeared to be intoxicated” according to the arresting officer. The defendant had a heavy odor of an alcoholic beverage and stated he “drank just a little”. The Defendant refused to submit to roadside sobriety exercises and refused to submit to a breath test. All DUI charges were dropped on 6/9/08.
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06/06/2008 |
08-10XXXXXM10A |
Domestic Violence Felony VOP |
The defendant was charged with domestic battery arising out of fight with his live in girlfriend and those charges violated his felony probation. Through testimony gathered by the firm, we were able to establish that the victim was the first aggressor and that the defendant properly used self-defense. Accordingly, the felony violation of probation was dismissed and the domestic violence charge was not filed on by the State. |
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06/04/2008 |
2007CT037675AXX |
DUI |
The defendant was clocked driving 88 in a 65 on I-95 and then abruptly cutting across 4 lanes of traffic to get off at Woolbrite road. The officer got behind defendant before the exit ramp at Woolbrite and activated his emergency lights and sirens for about 1.5 miles and defendant did not stop his car. The officer shined his spotlight on the vehicle at the Woolbrite exit and then continued following the vehicle until the defendant pulled up to the security gate at his neighborhood. At the gate, the officer again shined the spotlight into the car with sirens and lights activated, noticed the defendant look in the rear view mirror and drive through the security gate. The officer had to quickly accelerate in order to get through the security gate. The officer followed the defendant and stopped him at his house. The officer noticed an odor of alcohol coming from his breath, red bloodshot glassy eyes and slurred speech.The defendant stumbled while getting out of the car and had to hold onto the car for support. The defendant submitted to field sobriety tasks. During the walk and turn, the defendant could not keep his balance, stepped off the line on numerous occasions, started before being instructed to start, made an improper turn and walked more than nine steps as instructed. During the one leg stand, the defendant placed his foot down on three occasions and used his arms to balance when told not to. During the finger to nose, the defendant only touched his finger to the tip of the nose one time out of the five times he was instructed to do so. The defendant told the officer he had a few drinks and was arrested and taken to the breath alcohol testing facility where he blew a .137/.116/.127. Verdict: Not Guilty of DUI.
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06/03/2008 |
200XCXXX1537AXX |
DUI |
The defendant’s girlfriend calls him to the scene where she was stopped for running a red light and does not have a valid driver’s license. He parks his car, partially obstructing the roadway, stumbles out of his car and has to hold onto his car for balance. The officer then starts speaking to him and he cannot complete sentences and has an odor of alcohol coming from his breath, red bloodshot and glassy eyes, slurred speech and trouble maintaining his balance. DUI officer called to the scene to conduct field sobriety exercises. The defendant performs poorly on sobriety exercises and is arrested for DUI. At the Breath Alcohol Testing facility, defendant admits to drinking 3 beers before he got in the car, but then denied the fact that he was driving the car. He told the officer that his friend was driving and not him. Refused Breath Test. Verdict: Not Guilty
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06/02/2008 |
06-1XXXX0XXXM10A |
DUI |
The Defendant was stopped by a Police officer for the City of Miramar in Pembroke Pines for running a red light and weaving on approximately 10 occasions. Upon making contact with the defendant, the officer noticed the defendant to have an odor of an alcoholic beverage upon her breath, uncoordinated movements, bloodshot eyes and unsteadiness upon exiting her vehicle. The defendant performed poorly on roadside sobriety exercises and submitted to the breath test that resulted in a .129/.129 reading. The firm filed a Motion to Suppress the stop based upon the officer’s illegal stop of the defendant’s vehicle outside his jurisdiction. The Motion was granted and the State dismissed all charges.
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05/28/2008 |
200XXXCTXXX1164AXX |
DUI |
While following the defendant’s vehicle, the officer witnessed it changing from lane to lane without signaling. The officer also witnessed the defendant\'s vehicle almost hit a post on a bridge and nearly hit a car when stopping at a red light. The defendant was stopped by the officer and admitted to taking sleeping pills. The defendant submitted to sobriety tasks and during the walk and turn she paused to regain her balance, stepped off the line 2 times and used her arms to balance. During the one leg stand she used her arms for balance and swayed from side to side. She also put her foot down on more than one occasion. When asked to recite the alphabet, she did not close her eyes as instructed several times and stated H, H, Y, U, B, Z. During the finger to nose task she did not keep her eyes closed as instructed, failed to return her arms to her side and used the wrong hand as well as the wrong finger as instructed. The defendant\'s vehicle also had yellow paint on it and when asked about it, she told the police officer that “I hit a pole”. A urine test was conducted, the sample came back positive for Cocaine and Lorazepam. Result: DUI Charge was dismissed. |
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05/19/2008 |
CXX07260XXXXXXX |
Felony DWLS |
The defendant was stopped for driving with an expired tag. During the traffic stop, the officer learned that the defendant’s license was suspended. The defendant was charged with Felony Driving while License Suspended. The firm filed a motion to dismiss. On the day the motion was to be heard, the State dropped all felony charges.
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05/16/2008 |
08-0XX03XXX |
DUI |
The defendant was stopped after being observed traveling 70 mph in a 40 mph zone. An officer also witnessed the defendant accelerating rapidly and making quick turns in an apartment complex parking lot. The defendant was stopped after exiting the parking lot. Upon making contact with the defendant, the officer noticed an odor of an alcoholic beverage, bloodshot and glassy eyes, and his speech was slow. The defendant was arrested for a DUI. A search of the car revealed marijuana pieces and seeds throughout the car. A can of beer was found behind the passenger seat and a tin full of marijuana and paraphernalia were found in the center console. The defendant refused to take a breath test. The State dropped all charges after the firm convinced the Office of the State Attorney that it would be unable to prove any impairment on the part of the defendant.
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05/15/2008 |
07-0X26XXXXM10A |
DUI |
The defendant’s car was lawfully parked in a bank parking lot. An officer responded to the defendant’s vehicle as he witnessed what he thought was an assault of a female passenger in the defendant’s vehicle. The officer responded to the driver’s side of the defendant’s vehicle and witnessed the defendant receiving oral sex from the female passenger. Upon making contact with the defendant the officer noticed that the defendant had the strong odor of an alcoholic beverage; red bloodshot eyes, flushed face; slurred speech and was extremely combative and argumentative. The defendant performed poorly on roadside sobriety exercises and registered a .154/.145 on the intoxylizer and told the officer that she was going to drive to her home that was only two blocks away from the scene. The defendant was found not guilty at trial as we argued the defendant was not driving or in “actual physical control of the vehicle”.
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05/09/2008 |
08-64XXXXXXXM10A |
DUI / DWLS / R |
The defendant was stopped for making several wide turns, weaving from lane to lane, and stopping in the middle of an intersection. Upon making contact with the defendant, the officer noticed the defendant to have an odor of an alcoholic beverage, red bloodshot and watery eyes, slurred speech and difficulty with his movements and handling vehicle documentation. The defendant was asked to perform roadside sobriety exercises and did so poorly. The defendant was arrested and submitted to a breath test and refused a urine test. The State dropped all charges after the firm notified the Office of the State Attorney that it would be unable to prove the substance by which the defendant was impaired.
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05/08/2008 |
20XXCXXXXXX23AXX |
DUI |
The defendant was driving erratically and aggressively weaving in and out of traffic on busy congested Okeechobee Blvd at 7:00 at night. A civilian witness calls the police when he sees the driver drinking out of a wine bottle while driving the car and speeding and changing lanes aggressively. Citizen complainant stays on the phone and follows the defendant until a deputy arrives and starts following the defendant. The deputy testified that defendant’s vehicle was weaving back and forth in the lanes, driving onto the swale, almost hit a pedestrian walking his dog and then jerked the car forward when he came to a stop for the officer. The defendant had slurred speech, a strong odor of alcohol on his breath, red glassy and hazy eyes. The deputy testified that the defendant attempted to conceal a partially consumed bottle of wine and vodka in the center consol of the vehicle. He also testified that the defendant was trembling and shaking and could not keep his balance during any field sobriety exercises. The defendant could not walk heel to toe, did not keep his foot on the line, and swayed while walking. During the one leg stand, defendant put his foot down and swayed. During the finger to nose, the defendant swayed while standing, kept his finger on his nose instead of bringing it back down as instructed and missed the tip of his nose on numerous occasions. The deputy arrested defendant for DUI and during the ride over to the Breath Alcohol testing facility defendant stated “I’m going to refuse that test, you are never going to prove that I was drunk.” Defendant refused the breath test at the BAT facility. Verdict: Not Guilty. |
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05/07/2008 |
200X-CT-1XXXX77 |
DUI |
The defendant was pulled over for speeding. He was traveling 60/45. When stopped, the officer noticed that he smelled of alcohol, had bloodshot eyes, and slurred speech. The defendant claimed that his medication causes his speech to sound slurred. The officer administered field sobriety exercises and claimed that the defendant did not do well on them. The defendant was arrested and gave a breath sample of .094 at the station.
The state dropped the DUI after negotiations. |
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05/06/2008 |
07-23XXXXXXM10A |
DUI |
The defendant was seen by an officer speeding 65 mph in a 35 mph zone and weaving in a construction zone. The officer initiated a traffic stop and the defendant pulled over almost striking a construction barricade. The defendant had an odor of an alcoholic beverage that was described as obnoxious and putrid by officers; had bloodshot watery eyes; slurred speech and had a dazed and confused look, not to mention a mismanaged appearance. The defendant was asked to perform roadside sobriety exercises, but refused them and then later refused a breath test and loudly belched at the breath testing facility in front of law enforcement personnell. The defendant was found not guilty at trial after only about 5 minutes of jury deliberations.
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04/30/2008 |
06-102XXXXM10A |
DUI |
The defendant was stopped within a BSO DUI checkpoint on Oakland Park Boulevard. Upon making contact with the defendant, the BSO deputy noticed the defendant to have a strong odor of an alcoholic beverage, bloodshot watery eyes, extremely slurred speech, slow and lethargic movements, and a dazed look. The defendant was asked to move his car to an area to perform roadside exercises and almost hit a cone and another vehicle. The defendant was asked to perform roadside sobriety exercises and did so poorly. The defendant submitted to a breath test on site and registered .191/.194 on the intoxylizer, well over twice the legal limit. The firm filed a motion to suppress the stop at the check point and the detention of the defendant by the arresting officer. The judge granted the motion to suppress and all evidence was excluded from trial. The State’s appeal of the judge’s ruling was dismissed. The State dropped all charges.
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04/29/2008 |
50200XXX029789AXXXMB |
DUI |
The defendant was stopped by police when they witnessed him driving over pavement lines, swerving, and failing to maintain his lane of travel. Police noted that defendant\'s speech was slurred, his response was slow, his eyes were bloodshot, and they detected a strong odor of an alcoholic beverage. The defendant performed poorly on roadside sobriety tasks and was arrested for DUI. The defendant then refused to provide a sample of his breath to police. DUI charge dropped by the State 4-29-08.
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04/21/2008 |
06-22XXXXM10A |
DUI |
The defendant was stopped by a Broward Sheriff’s Office Deputy for speeding on Oakland Park Boulevard. Upon making contact with the defendant, the deputy noticed the odor of an alcoholic beverage, bloodshot watery eyes, and slurred speech. The defendant also used the steering wheel for balance when exiting her vehicle. The defendant was asked to perform roadside sobriety exercises at the scene of the stop and did so poorly. The defendant was arrested and taken to the Breath Alcohol Testing Facility and again performed physical performance exercises poorly to the extent that she was compelled to hold the wall for balance. She also submitted to a breath test that resulted in a .137/.141 reading on the intoxylizer. The defendant was found not guilty by a jury after only 4 minutes of deliberations. |
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04/16/2008 |
20XXXM0XXX82AMB |
DUI |
The police witnessed the defendant and another person acting extremely intoxicated as they were leaving a nightclub and getting into their vehicle. The police then observed the same vehicle driving and conducted a traffic stop. The police noticed defendant to have a very strong odor of an alcoholic beverage emanating from him as he spoke, and that he had bloodshot droopy eyes. The police asked the defendant to sit on the front bumper of his patrol car due to his extreme intoxication. The officer asked the defendant how much he had to drink and he said “a lot”. The defendant was arrested for DUI and refused a breathalyzer test. DUI charge dropped by the State.
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04/15/2008 |
08-XX16XXXMM10A |
DUI |
The Defendant was pulled over for failing to maintain her lane. The stopping Deputy noticed that the defendant exhibited an odor of an alcoholic beverage and other indicia of alcohol impairment. The defendant performed poorly on roadside exercises and submitted to both a breath and urine test. The State Dropped all charges. |
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04/14/2008 |
06-21XXXXM10A |
DUI |
The defendant was seen by two Florida Highway Patrol Officers traveling at 99 mph in a 65 mph posted speed zone on the Florida Turnpike and made several erratic lane changes and was tailgating other vehicles and causing them to take evasive action. The troopers conducted a traffic stop on the shoulder of the turnpike. The defendant was asked to exit his vehicle and was so unsteady that he almost fell into a lane of travel on the turnpike. The defendant had an odor of an alcoholic beverage on his breath; had red blood shot eyes; had difficulty handling and identifying his vehicle documentation and was very unsteady. The defendant was asked to perform roadside sobriety exercises and performed poorly as an impaired or intoxicated person would. The defendant submitted to a breath test and registered a .094/.095 on the intoxylizer. The State dropped all DUI charges. |
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04/14/2008 |
07XXX0106XXXMB |
DUI |
The police made contact with the defendant when they noticed him to be slumped over the wheel of his vehicle. The police asked him where he was coming from and he said Peru. The police noticed an obvious odor of an unknown alcoholic beverage coming from his breath as he spoke, that his eyes were bloodshot and glassy and that he was crying. The defendant performed poorly on roadside exercises and was arrested for DUI. The defendant provided two samples of his breath of .129 and .121 both over the legal limit of .08. The defendant found not guilty of DUI after a jury trial. |
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04/09/2008 |
200XCXXXX1938AXX |
DUI |
The defendant’s car was stopped for continuously weaving within it’s lane of travel and for making a wide turn. After stopping the vehicle, the officer learned that the tag was registered to a different vehicle and that the defendant was unable to show proof of insurance. Signs of impairment were noticed and roadside exercises were performed on video. After the officer concluded that the roadsides were performed poorly, the defendant was arrested. At the police station a breath test was attempted. The officer felt as though the defendant was “playing games” at the breath machine, not blowing properly. 2 breath samples were obtained; .134, .136, however they were considered “volume not met”. The breath test results were not admitted into evidence, and the defendant was found not guilty of the DUI after trial.
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04/02/2008 |
04-021XXXXM10A |
DUI |
The Defendant was the driver of a vehicle that caused a rear-end collision with 4 other vehicles. Four occupants of those vehicles as well as the Defendant were transported to the hospital for various injuries. The DUI officer responded to the hospital, as the initial officer on scene felt that the Defendant may have been impaired. The DUI officer also noticed the odor of alcohol coming from the Defendant and because the Defendant was in and out of consciousness ordered a blood draw at the hospital. The Defendant’s blood contained .17g% of alcohol, more than double the legal limit. DUI charge dropped on the day of trial.
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03/24/2008 |
05-17XXXCF10A;05-XXX16CF10A; 08-XXX5CF10A |
Felony Possession of Cocaine with Intent to Deliver or Sell |
The Defendant was on two separate felony probations for felony possession and manufacturing of cannabis (marijuana). On February 16, 2008, the defendant was arrested for Possession of Cocaine with Intent to Deliver or Sell at the Seminole Hard Rock Hotel and Casino in violation of the probations listed above based on an anonymous tipster inside of the Hotel. Based on the tip, two uniformed officers approached the Defendant and grabbed him out of line as he waited in front of a nightclub and found 17 separate baggies of cocaine in his pocket after an alleged consensual search. Our firm subpoenaed the videotape that monitored the lines entering the nightclub, which clearly reflected that the manner in which the officers seized the defendant was unlawful and unconstitutional and would have caused all evidence (cocaine) to be suppressed in both the probation violation cases and the new felony cocaine case. Accordingly, the State conceded and dropped the new felony case and dismissed all warrants for the violations of probation. The defendant was facing a maximum 30 years in prison and a minimum of 4 years. |
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03/20/2008 |
07-TC-244XXX442446 |
DUI |
The defendant was involved in an accident where he rear-ended a car stopped at a traffic light. He then jumped out of the vehicle and fled on foot. Shortly after, he was arrested by the police after he was caught in an alley less than a block away. The officers stated that he had trouble standing, had an odor of alcohol on his breath, slurred speech, and bloodshot eyes. He claimed that he was not driving and that the person that was driving had fled on foot. He claimed that he was trying to catch the real driver. The officers located surveilance video showing the defendant exiting the vehicle. The video only showed one person exiting the vehicle and that person fit the descrption of the defendant. He was charged with DUI, DUI with injuries, and DUI with property damage. After taking the depositions of all the witnesses, the state agreed that their case had holes in it and dropped the cases. |
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03/20/2008 |
50200XXXX03832AXX |
DUI |
The defendant was witnessed by another motorist when her vehicle created a cloud of dust and then came to a stop. The other motorist then went to check to see if the defendant was ok and noticed she was very intoxicated. The motorist said that the defendant could barely talk, and the defendant told the motorist she was drunk. The other motorist then called 911. Police then arrived on scene and requested the defendant to perform field sobriety exercises. While police were trying to explain these exercises they had to keep holding onto the defendant to keep her from falling. Police stopped the roadside exercises because they feared for safety as she continued to sway backwards. The defendant was arrested for DUI and refused a breath test. DUI charged dropped by the State 3-20-08.
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03/19/2008 |
20200XXT005619AXXXMB |
DUI |
The defendant was stopped by police when they noticed him traveling 63 mph in a 50 mph zone. The police also noticed the defendant drifting from the inside lane to the middle lane several times. The police made contact with defendant and noticed a strong odor of an alcoholic beverage coming from his vehicle. The police also noted that defendant had difficulty in searching for his driver’s license, insurance and registration. The defendant performed poorly on field sobriety exercises and was arrested for DUI. After our firm began to work on this case and flied court pleadings, the DUI charge was dropped by the State.
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03/18/2008 |
06-4XXXMM10A |
DUI |
The defendant’s vehicle was stopped for running past a stop bar line and for drifting within it’s lane of travel. After the stop, the officer noticed that the driver’s eyes were red and glassy and that there was an odor of alcohol coming from the driver’s breath. Once the DUI officer arrived on scene, roadside exercises were completed on video and the defendant was arrested. After the arrest, the defendant submitted to a breath test and blew .120, .120. On the day of trial, the State dropped the DUI. |
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03/13/2008 |
06-261XXXM10A |
DUI |
The defendant was observed by officers weaving within his lane of travel and speeding and almost striking a concrete median. The defendant also failed to stop for the officer for two blocks. The officer made contact with the defendant and noticed that the defendant had an odor of an alcoholic beverage coming from his breath, his eyes were red and glassy, he appeared dazed and confused, and was sweating profusely. The defendant also had difficulty handling and identifying his vehicle documentation. The defendant performed poorly on roadside sobriety exercises and refused a breath test. The State dropped the DUI charges on the Day of trial. |
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03/06/2008 |
07-6199XXMM10A |
DUI |
Officers of the Plantation Police Department initiated a traffic stop upon the Defendant’s vehicle for going through a red light. Upon making contact, with the Defendant, the officer observed the Defendant to have the odor of an alcoholic beverage on her breath and red, bloodshot watery eyes, and slurred speech. The officers also advised that the Defendant was disoriented as to her whereabouts and location. The Defendant was asked to perform roadside sobriety tasks and did so poorly. The Defendant submitted to a breath test which resulted in a reading of .186/.187, in excess of double of the legal limit. The firm filed a Motion to Suppress the Unlawful Detention for Roadside Sobriety Exercises. The Motion was granted by the Judge and all evidence for trial was excluded. The stae dropped all charges, including the DUI |
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02/27/2008 |
07-303XXMM10A |
DUI |
The defendant was observed weaving in and out of his lane of travel and driving with an expired tag and was stopped by an officer from the Davie Police Department. Upon making contact with the defendant, the officer noticed that the defendant had an odor of an alcoholic beverage, bloodshot watery eyes, slurred speech and a flushed face. The defendant kept stating to the officer that he was a firefighter over and over again, which he was not. The officer called the fire chief to the scene and it was proven that the defendant was definitely not a firefighter. The defendant refused to perform the roadside tasks and refused a breath test. The defendant also admitted that he said he was a firefighter in order to avoid being arrested for DUI. Acquitted by jury of all charges. |
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02/21/2008 |
07-99XXXMM10A |
DUI |
The Defendant left a bar and entered his vehicle with a female companion. The Defendant was blocked in to a parking space by a law enforcement officer and was ordered from the vehicle. The officer noticed that the Defendant had an odor of an alcoholic beverage coming from his breath and had bloodshot watery eyes. The Defendant was asked to perform roadside sobriety tasks and did so poorly. The Defendant Refused a breath test. The firm filed a Motion a Motion to Suppress the Illegal seizure of the Defendant based on the officer restricting the Defendant’s movement by use of his vehicle. The Motion was granted and the state dropped all charges. |
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02/19/2008 |
07CTXXX375AMB |
DUI |
The defendant was stopped by police for failing to maintain his lane of travel on two occasions. Police noticed the defendant to have an odor of an alcoholic beverage about his person and that his eyes were bloodshot. The defendant also admitted to drinking two or three beers. The defendant performed poorly on field sobriety exercises and was arrested for DUI. After being arrested for DUI the defendant refused to provide a sample of his breath. DUI charge dropped by State 2-19-08. |
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02/18/2008 |
2007-CT-1XX03-O |
DUI |
The defendant was stopped for weaving in his lane and then was found to have an open container in the vehicle once the officer stopped him. The defendant refused to do Field Sobriety Exercises and a Breath test. This would have been his second DUI in 5 yrs. On the day of trial the state finally decided to amend the charge to reckless driving after months of negotiations. |
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02/14/2008 |
48-2XXX-CT-18XX5-0 |
DUI |
The defendantnt was pulled over for doing 64 mph in a 45 mph zone. When the officer approached the vehicle, he smelled a strong odor of alcohol and noticed that the defendant\\\\\\\'s eyes were red and glassy. The officer requested that he step out of the vehicle. When he stood up, the officer claimed that he had a strong circular sway. The defendant admitted to having 3 beers at a gentleman\\\\\\\'s club the last one approximately 30 minutes before he was pulled over. The officer conducted field sobriety exercises and determined that he was impaired. He was arrested and taken to the station were he provided a breath sample of .051 and .052.
Case was dismissed by the state on the day of trial. |
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02/13/2008 |
48-XXX7-CT-16XX4-0 |
DUI |
The defendant was involved in an accident after she allegedly ran a stop sign. When the officer arrived, he noticed a 12 pack of beer in the back seat and some bottles were open. He noticed that the defendant\\\'s speech was slurred, her eyes were watery, and her face was flushed. He told the defendant that she was now the subject of a DUI investigation and she began to have a panic attack. When the officer requested that she perform field sobriety exercises, she said \\\"no\\\" because \\\"...it would be harder to prove in court\\\" if she did not do them. When the officer attempted to place hand cuffs on the the defendant, she fell down and complained that she could not breathe. The officer continued to arrest her and took her to the station. At the station, she refused to provide a breath sample and said \\\"I\\\'ll get this dismissed.\\\"
The state dropped the case on the day of trial |
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02/12/2008 |
06-225XXXM10A |
DUI |
The defendant was observed and later stopped by a Broward Sheriff’s Deputy for speeding and driving with an expired tag. Upon being stopped, the deputy noticed the defendant to have an odor of an alcoholic beverage on his breath, bloodshot and glassy eyes, slurred speech and the defendant appeared disoriented. A DUI investigator was called to the scene and confirmed the stopping deputy’s observations. The defendant performed roadside sobriety exercises and did so poorly. The defendant was arrested and made conflicting statements to different officers pertaining to the amount of alcohol he consumed that night. The defendant refused all testing, including the breath test. The defendant found not guilty by a jury on all charges. |
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02/05/2008 |
06-0251XXXM10A |
DUI |
The defendant was seen at a red light by a Broward Sheriff’s Deputy spinning his tires at a traffic light. The Deputy followed the Defendant into a parking lot of the Red Roof Inn where the Defendant again repeatedly spun his tires directly in front of the Deputy. The Deputy noticed that the Defendant had an odor of an alcoholic beverage, bloodshot glassy eyes and slurred speech. The Defendant also admitted to consuming 5 drinks in the 45 minutes prior to being pulled over. The DUI Task Force investigator was called to the scene and noticed that the Defendant had an odor of an alcoholic beverage, bloodshot eyes and was unsteady on his feet. The Defendant performed poorly on roadside sobriety exercises and refused the breath test because he wanted his Doctor to be present for the testing. The Defendant was acquitted by a Jury.
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01/30/2008 |
07-162XXM10A |
DUI |
The defendant was observed by officers driving at 60 mph in a posted 35 mph speed zone. Upon stopping the defendant, the officers noticed the odor of an alcoholic beverage on her breath, bloodshot and glassy eyes, and slurred speech. Upon her exiting the vehicle, the defendant was unsteady on her feet. The defendant then participated in two sets of roadside sobriety exercises and performed poorly on each. The defendant then refused to submit to a breath test. The defendant was acquitted by a jury after only 5 minutes of deliberations. |
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01/29/2008 |
2007XX024065AXX |
DUI |
The defendant was seen driving his vehicle in excess of the posted speed limit, and failing to maintain his lane of travel. After being stopped by the officer, the defendant was asked to get out of his truck. The defendant had an odor of alcohol on his breath, red/glassy eyes, slurred speech and was unsteady on his feet as he walked to the police car. After being offered roadside tasks, the defendant refused. After the arrest, 28 unopened beer bottles were found in the truck, (16 in a cooler). At the police station, while on video, the defendant refused a breath test. The defendant was acquitted of DUI by a jury, after 10 minutes of deliberation. |
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01/22/2008 |
07-TC-0XX459 |
DUI |
The defendant was driving southbound in the northbound lane. The officer proceeded to follow him and noticed that he swereved two times out of the lane and then drove on the shoulder for 100 yards before being pulled over. The officer noticed that the defendant had a strong odor of alcohol on his breath and that his eyes were bloodshot and glassy. The officer requested that the defendant perform field sobriety exercises and at the conclusion of the exercises he arrested the defendant. At the station, the defendant refused to take the breath test.
The case went to trial and our client was found not guilty. |
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01/17/2008 |
05-13XXXM10A |
DUI |
The defendant was pulled over by a Broward Sheriff’s deputy for driving with an inoperable headlight and swerving into another lane. The deputy noticed that the defendant had an odor of an alcoholic beverage on her breath and that her eyes were red. The defendant also admitted that she had one drink that evening. The defendant performed poorly on roadside sobriety exercises and performed poorly. The defendant submitted to a breath test that registered .099/.099, well over the legal limit. The Firm filed a Motion to Suppress the Detention of the Defendant based on the Deputy’s failure to make observations of the Defendant that were indicative of the Crime of DUI. The Firm’s motion was granted and all evidence subsequent to the stop was excluded from trial. The State appealed the Judge’s Ruling on the Motion to Suppress and our Firm fought the appeal. Based on our appellate arguments, the trial court’s ruling was affirmed and the State was forced to drop all charges against the Defendant. |
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01/11/2008 |
04-23XX2MM10A |
DUI |
The Defendant was stopped for speeding. The stopping deputy noticed the Defendant had an odor of an alcoholic beverage, glassy eyes and a red and flushed face. The Defendant admitted that she was drinking. The Defendant performed poorly during roadside sobriety exercises and submitted to three breath tests that resulted in readings over the legal limit, .097/.118/.112. The Firm filed a Motion to Suppress based on an Unlawful Detention. The Motion was granted by the judge and the State dropped all charges. |
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01/10/2008 |
07-387XXXM10A |
DUI |
The defendant was seen by a Broward Sheriff’s Deputy driving with his brother in-law in a manner allegedly too fast for conditions. The Deputy, who was on foot patrol, attempted to stop the vehicle, but the defendant pulled into a parking spot. It was at that time the defendant was observed to have an odor of an alcoholic beverage, slurred speech, bloodshot watery eyes, mood swings, and was unsteady on his feet. The defendant performed poorly on roadside exercises and registered a .103/.108 on the intoxylizer. The Firm found three witnesses that affirmatively stated that the defendant was not the driver of the vehicle and divulged them to the state attorney’s office on the day of trial. A jury was selcted and the State dropped the DUI Charges. |
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01/07/2008 |
06-76XXXMM10A |
DUI |
The defendant was stopped by a Broward Sheriff’s Office Deputy for speeding (52 in a 30 mph zone) in Pompano Beach, Florida. The deputy made contact with the defendant and noticed that he had a strong odor of an alcoholic beverage, bloodshot and glassy eyes and had difficulty locating and producing his vehicle documentation. The defendant refused to participate in roadside sobriety exercises and refused the breath test despite being warned that refusal to do roadside exercises would result in his arrest and that refusal to submit to a breath test would result in a one year suspension of his driver’s license. On the day of trial, the firm filed a Motion to suppress based on an issue arising from one of our successful appeals on another client’s case. Upon reading the motion, the State dropped the DUI charges. |
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01/03/2008 |
06-9XXXCF10A |
Felony Driving Under the Influence causing Serious Bodily Injury |
The defendant was at a party and had consumed several drinks. The defendant then left the party and was involved in a severe single car crash that resulted in multiple skull fractures and permanent hearing loss to a passenger in his vehicle. The victim was read her last rites and the victim was placed in a medically induced coma. The defendant was observed on the night of the incident to have the odor of an alcoholic beverage about his breath, slurred speech, and bloodshot watery eyes and he swayed while standing. The defendant consented to a blood draw that resulted in a reading of .112/.09, over the legal limit. The defendant also admitted to consuming 5 drinks prior to entering the vehicle. The defendant was facing a mandatory minimum of 24 months years in Florida State Prison according to his criminal punishment code scoresheet. The Firm was able to negotiate a youthful offender sanction based on the defendant’s age. The defendant was awarded a non-conviction and only four years probation that included no jail or prison sentence. |
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12/21/2007 |
07-CT-3XX01 |
DUI |
The defendant weaved out of his lane twice before cutting off another vehicle. This was all witnessed by an officer who was behind the defendant. After stopping the vehicle, the officer noticed that his breath smelled of alcohol and that he was slurring his words. The defendant admitted to drinking one beer. The officer located a half empty beer bottle that was still cold on the backseat floorboard. The officer requested the defendant to perform Field Sobriety Exercises and determined that the exercises were done poorly. The defendant was arrested and refused to provide a breath sample.
The State dropped the DUI prior to trial. |
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12/20/2007 |
07-227XXXM10A |
DMV-Formal Review Hearing |
The Defendant was facing an 18 month driver’s license revocation with no possibility of receiving a necessities permit as he refused a breath test for DUI for a second time. The firm attended the formal review hearing and the DMV initially sustained the suspension of the Defendant’s Driver’s License and suspended it for 18 months without the possibility of obtaining a hardship permit. However, the firm pointed out to the hearing officer that she improperly and inappropriately questioned the witness during the Formal Review Hearing and such was reversible error and preserved the issue for appeal of the suspension. The firm filed an appeal citing the DMV officer’s improper questioning of the witness and the DMV, without hesitation, conceded the hearing officer’s suspension of the license was improper. The DMV immediately overturned and invalidated the suspension and the defendant’s license was immediately returned with full privileges. |
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12/18/2007 |
48-2XX7-CT-39X4-W |
DUI |
The defendant was pulled over for speeding (62/35) and weaving within his lane. When the officer approached, he noticed an odor of alcohol coming from the vehicle. When asked, he told the officer that he had 2 1/2 beers that night. The officer also noticed that his eyes were bloodshot. Based on these findings, the officer conducted Field Sobriety Exercises. The officer arrested the defendant after he determined that the defendant did not perform the exercises in an appropriate manner. The defendant proceeded to blow a .176 at the breath testing center.
We filed a motion to suppress and the state dropped the DUI before the motion was heard. |
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12/13/2007 |
2007-MX-XX622-A |
Reckless Driving |
The defendant was stopped for unlawful speed. The officer stated the defendant was weaving in and out of traffic. A jury found the defendant not guilty. |
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12/12/2007 |
0027567MM10A |
DUI |
The Defendant was seen driving with a cracked taillight lens by a member off the BSO DUI Task Force. The Deputy approached the vehicle and the Defendant had an odor of an alcoholic beverage, his eyes were bloodshot, his face was flushed and speech was slurred. The Defendant performed poorly on the roadside sobriety exercises and refused the breath test. The Firm filed a motion to suppress the stop based on the fact that a cracked taillight lens was not in violation of any Florida Traffic Laws. The Motion was granted and the State dropped all charges, including DUI and driving under suspension. |
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12/12/2007 |
07-60XXXM10A |
DUI |
The defendant was seen by a deputy suspiciously driving behind a church where there had been several burglaries. The defendant’s vehicle had pulled into a parking spot behind the church where the deputy made contact with the defendant and noticed the defendant had a strong odor of an alcoholic beverage, glassy eyes, a flushed face, and slurred speech. The defendant also fumbled with his vehicle documentation. The defendant performed poorly on roadside sobriety exercises and registered .144/.148 on the breathalyzer, well over the legal limit. The Firm filed a motion to suppress the unlawful seizure of the defendant due to the officer blocking the defendant in the parking spot as well as the use of his takedown lights. The Motion was granted and the State dropped all charges, including the DUI. |
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12/11/2007 |
502007CT018220AXXXSB |
DUI |
The defendant was stopped by police for traveling 58 miles per hour in a 45 mile per hour zone. Police noted that he had a dazed appearance and that he had trouble focusing while talking to police, and that he had glassy, bloodshot red, and watery eyes. Police also noted that the defendant was fumbling through his paperwork when asked to provide his registration and insurance. Police further noted that when the defendant was asked to walk to the patrol car he could not walk in a straight line without losing his balance as he was swaying. The defendant performed poorly on roadside exercises and was arrested for DUI. The defendant refused to provide a sample or his breath when asked by police. The defendant was found not guilty of DUI after trial 12-11-07. |
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11/15/2007 |
06-151XXXXCF10A |
Felony Driving while license Suspended |
The defendant was charged with Felony Driving while License Suspended based on two previous convictions for the same offense. The firm filed a sworn Motion to Dismiss based on improper felony enhancement. The State Dropped all felony charges after receiving our Motion to Dismiss. |
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11/15/2007 |
07-01XXXXMM10A |
DUI |
The Defendant was stopped by a member of the DUI Task Force for speeding, screeching his tires and fishtailing. The officer made contact with the defendant and observed that he had a strong odor of an alcoholic beverage, red, bloodshot watery eyes, and slightly slurred and mumbled speech. The defendant admitted to consuming alcohol and being at the Blue Martini. The defendant was asked to participate in roadside sobriety exercises on video and performed poorly. The defendant refused to submit to two breath tests, one on the side of the road and one at the breath testing facility. The two passengers in the defendant’s car were each extremely intoxicated. The DUI was dropped. |
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11/14/2007 |
07CTXXX531ANB |
DUI |
The defendant was stopped by the Police for a traffic violation for having a misplaced tag. The Police detected a strong odor of an alcoholic beverage and the defendant admitted drinking a “four pack” of beer. While police were trying to explain the roadside exercises, the defendant walked into a bar to urinate. The defendant performed poorly on roadside sobriety exercises. The defendant attempted to mount a unicycle that he had in his truck to show police he was not impaired after police told him not to. He immediately fell upon attempting to mount the unicycle. The defendant was arrested for DUI. The defendant provided samples of his breath that were .150 and .144. DUI charge dropped by the State 11-14-07.
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11/13/2007 |
07-055XXXXMM10A |
DUI |
The defendant was found asleep at the wheel of his car while the vehicle was running. Officers observed the defendant to have slow movements, difficulty identifying and handling his documentation; an odor of an alcoholic beverage on his breath; bloodshot watery eyes and difficulty exiting his vehicle. The defendant performed poorly on roadside sobriety exercises and submitted to the breath test which registered over the legal limit and a urine test. The State dropped all DUI charges. |
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11/12/2007 |
07CT0XXXX69ASB |
DUI |
A civilian witness called the Boca Raton Police Department to report the defendant’s vehicle as being all over the road, and almost striking the rear of his vehicle. Police made contact with defendant and detected the strong odor of an alcoholic beverage, her eyes were glassy and bloodshot, and her speech was slurred. The defendant admitted to coming from a bar and that she had two doubles of Crown and Diet Coke. The defendant performed poorly on roadside sobriety exercises and was arrested for DUI. The defendant provided samples of her breath of .180 and .183 both more that double the legal limit. DUI charge dropped by the State 11-13-07. |
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11/07/2007 |
2006-CT-1XX7 |
DUI |
The defendant was asleep in his vehicle behind a bar with the keys in the ignition and the engine running. An officer approached to make sure everything was ok. When the defendant responded, the officer noticed that he had an odor of alcohol on his breath. The officer asked the defendant if he had been drinking he responded that he had alot of beers. After performing poorly on the Field Sobriety Excersises, the defendant was arrested and blew a .114.
We set the case for trial and after waiting nearly 2 years, the state dropped the DUI. |
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11/02/2007 |
07-02201XXM10A |
DUI |
The defendant was driving with small children in her car at the pick up lane to pick up her other small kids from school, when she got into a traffic accident. When confronted by the other driver, the defendant got into an altercation, and the police responded. Once on scene, the defendant admitted to the officer that she had taken Xanex. After a DUI investigation was completed, the defendant was arrested for DUI. At the station, a urine test was requested, and the defendant refused. The attorneys for The Ticket Clinic, promptly corresponded with The State Attorney’s Case Filing Division, and convinced them to drop all charges. The defendant\'s driver license was returned as well.
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11/02/2007 |
06-265XXXM10A |
DUI |
The defendant was forced in to a DUI checkpoint in Cooper City, Florida. The defendant was observed by officers to have the odor of an alcoholic beverage, a flushed face, slurred and mumbled speech, and had a mismanaged appearance. The defendant admitted to consuming several drinks at the Hard Rock Hotel and Casino in Hollywood, Florida and stated the other passengers were not as intoxicated as she was. The defendant submitted to a breath test resulting in a .121/.116, well over the legal limit. The Firm filed a Motion to suppress on behalf of our client challenging the constitutionality of the checkpoint; the arrest of the defendant and for Lack of Corpus Dilecti. The motion was granted on November 2, 2007 and the State was forced to drop all charges. |
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11/01/2007 |
07-0951XXMM10A |
DUI |
The defendant was seen driving at a high rate of speed by two officers running radar in the City of Margate, FL. The officers made contact with the defendant and noticed that he had an odor of an alcoholic beverage and bloodshot watery eyes. The defendant also admitted to consuming 4-5 beers before driving. The defendant performed poorly on roadside sobriety exercises and refused a breath test. The firm filed a Motion to Dismiss based on Destruction of Videotape Evidence. All DUI charges dropped by the State. |
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10/31/2007 |
2007CXX15232AXX |
DUI |
The defendant was stopped for failing to maintain his lane of travel ans speeding. After the officer\'s lights were activated, the defendant took an extended period of time to pull over. Once pulled over, the defendant was chewing on a penny and admitted to drinking four beers. Roadside exercises were performed on video and then the defendant was arrested. Once at the police station, a breath test was offered, and the defendant refused. Acquitted of D.U.I. by Jury. |
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10/11/2007 |
07-028XXM10A |
DUI |
The defendant was videotaped weaving from lane to lane traveling northbound on I-95 by a member of the DUI task force. The defendant was stopped and the DUI task force observed the defendant to have an odor of an alcoholic beverage, bloodshot watery eyes, and a flushed face. The defendant exhibited signs of impairment during the one roadside sobriety exercise and then refused to continue. The defendant then refused the breath test. The defendant was acquitted by a jury. |
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10/10/2007 |
2007-CT-0XX1961-O |
DUI |
The defendant was stopped for an expired tag. The officer noticed an odor of alcoholic impurities, blood shot eyes and an orbital sway. The defendant performed the field sobriety exercises, the officer stated that the defendant performed poorly. The officer asked defendant on a scale of 1- 10, 1 being totally sober, 10 being drunkest ever, how did defendant rate. The defendant stated 4-5. The defendant was wearing a wristband from a nightclub as well. The defendant refused to take the breath test. A jury found defendant not guilty in 35 minutes. |
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09/19/2007 |
93-017XXMM10A |
DUI |
The defendant was seen weaving in and out of her lane of travel on several occasions as well as speeding and almost hitting concrete divider. Upon making contact with the defendant after the traffic stop, the officer noticed that the defendant had a strong odor of an alcoholic beverage emanating from her mouth, that her eyes were bloodshot and she stumbled and swayed while walking to the rear of her vehicle. The defendant performed poorly on roadside exercises and submitted to the breath test, which registered over twice the legal limit at .162/.171 g/210L. The State dropped the DUI charges. |
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09/18/2007 |
07-0371XXMM10A |
DUI |
The defendant drove through a red light and almost caused a collision with a marked police unit. The defendant was pulled over and was observed to have an odor of alcohol, bloodshot watery eyes, and slurred speech. The defendant performed poorly on roadsides and submitted to a test of her breath which was over the legal limit. The State dropped the DUI charges and dismissed the red light charge. |
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09/17/2007 |
502007CT025020AXXXMB |
DUI |
The defendant was noticed by a police officer asleep behind the wheel of his vehicle while it was blocking traffic. Officers noticed that the defendant had slurred speech had trouble standing straight, keeping his balance, and had trouble following simple instructions. Police also noted that the defendant continuously went in and out of consciousness and could not keep his eyes open. The defendant admitted to police that he takes Xanax. The police conducted a DUI investigation, and noted that defendant performed poorly on roadside sobriety exercises. The defendant was arrested for DUI. The defendant provided a sample of his breath which was .000. The police then asked the defendant to provide a urine sample but he could not, therefore, police took that as a refusal to provide a urine sample. DUI charge dropped 9-17-07.
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09/14/2007 |
07-5614MM10A |
DUI |
The defendant was observed in a shopping center parking lot backing into another vehicle by the off-duty captain of the Margate Police Department. Upon making contact with the defendant, the captain observed the defendant to have an odor of alcohol coming from her person and difficulty maintaining her balance and was nervous. The requested DUI investigator arrived on scene and noticed that the defendant walked slowly and carefully, had an odor of alcohol and even admitted to consuming alcohol on that day. The defendant performed poorly on roadside sobriety exercises, submitted to a breath test that registered a .161, over twice the legal limit and she soiled herself at the police department. the firm filed and successfully argued two motions to suppress that were granted. All charges dropped by the State Attorney\'s Office. |
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08/30/2007 |
06-0231XXM10A |
DUI |
The defendant was observed by civilians crashing his tractor trailor into other tractor trailers located at a truck stop. The same civilians had seen the defendant consuming alcoholic beverages at the truck stop restaurant minutes before he entered his vehicle and began to drive. Deputies arrived on scene and noticed that the defendant was disoriented and appeared impaired by alcohol. The DUI Task Force arrived on scene later and made observations consistent with impairment and the defendant performed poorly on roadside sobriety exercises. The defendant was arrested for DUI and blew .092/.091g/210L, both readings were over the legal limit. The firm filed a Motion to Suppress the first officer\'s unlawful detention of the defendant. Motion was granted and the case was dropped by the State Attorney\'s Office. |
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08/15/2007 |
20XXCT00XX11AXX |
DUI |
The defendant’s vehicle was stopped for cutting across three lanes of traffic and making an illegal u-turn. After the stop, the defendant initially said that he had consumed no alcohol, but later admitted coming from a strip club and having consumed 4 drinks. The officer noticed signs of impairment including the strong odor of alcohol, red/glassy eyes, slurred speech and balance problems as the defendant exited his car. The defendant refused to perform roadside exercises and was arrested. At the station, on video, the defendant refused to answer questions and ultimately refused a breath test. Acquitted of DUI after trial. |
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08/14/2007 |
06-4890MM10A |
DUI |
The defendant was observed by an officer to be speeding and twice leaving his lane of travel. A traffic stop was initiated and the stopping officer noticed the defendant to have an odor of alcoholic beverage about his breath, bloodshot watery eyes and slurred speech. The DUI investigator confirmed those observations and requested that the defendant perform roadside sobriety exercises. The defendant performed poorly during the exercises and blew .080/.082 on the intoxylizer. The State dropped the DUI charges. |
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08/02/2007 |
06-0082XXMM10A |
DUI |
The defendant crashed into another vehicle and stopped to address the incident with the other motorist. An officer, on his way back to the department after his shift, saw the defendant and the other driver and stopped to see if all was well. Upon making contact with the defendant, the officer noticed that the defendant had an odor of alcohol, bloodshot eyes, a flushed face and had difficulty maintaining his balance to the extent he was allegedly falling into a lane of traffic. The first responding officer summoned for a DUI unit and the DUI unit officer also noticed indications of impairment. The defendant refused to perform roadside sobriety exercises and refused breath testing. The firm filed a motion to suppress an unlawful seizure based on the first responding officer\'s use of his blue and red lights to seize the defendant. Motion to suppress was granted and the case was dismissed. |
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07/31/2007 |
06-20294MM10A |
DUI |
The defendant was stopped for failing to obey a traffic control device. Once the officer\'s lights were activated, the defendant was slow to respond. Signs of impairment were noticed by the officer and a DUI Task Force officer was asked to respond. After performing roadside exercises poorly on video, the defendant was arrested, and blew .140. .139 on the breath test. DUI charge dropped by the State. |
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07/13/2007 |
2007CT0XX870AXX |
DUI |
The defendant was stopped by police for speeding, and for failing to maintain her lane of travel. Upon making contact with the defendant Officers noted that she seemed impaired and had glassy reddened eyes, slow dexterity, and a slight odor of an alcoholic beverage about her breath. Officers also noted that the defendant appeared unstable while walking to an area for roadside tasks in that she was rocking back and fourth on her feet. The defendant admitting drinking vodka, and smoking marijuana 2-3 weeks earlier. The defendant performed poorly on roadside exercises and was arrested for DUI. The defendant submitted to a breath test which was .000. Officers then requested a urine sample which the Defendant refused. DUI charge dropped 7-13-07.
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07/02/2007 |
06-16536XMM10A |
DUI (Enhanced) |
An officer observed the defendant run a stop sign at John Young Circle in Hollywood, FL. and then fail to maintain his lane, almost causing an accident with another vehicle. The defendant failed to pull over for two blocks. The officer noticed the defendant to have an odor of alcohol, bloodshot, watery eyes and slurred speech. The defendant had difficulty exiting the vehicle and was unsteady on his feet. He was lethargic and used his vehicle for balance while walking. The defendant performed poorly on roadside sobriety exercises and blew a .247/.257 on the intoxylizer, over three times the legal limit. The judge did not allow the case to go to the jury and entered a directed verdict in favor of the defendant, the functional equivalent of a dismissal. |
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06/21/2007 |
06-20757CF10A |
Felony High Speed Fleeing and Eluding |
An officer from the Miccossukee Police Department witnessed the defendant speeding on a motorcycle. The officer put his lights on to effect a traffic stop, but the defendant sped off at speeds in excess of 150 M.P.H. The defendant ran out of gas and was arrested for Felony Fleeing and Eluding, a third degree felony. Our Firm filed a demand for Speedy trial and announced ready for trial. The State dropped all felony charges. |
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06/19/2007 |
06-0150XXM10A |
Criminal Mischief |
The defendant was charged with Criminal Mischief arising out of spray painting a pier in Lauderdale by the Sea. The firm filed a motion to suppress an unlawful seizure of the defendant. The motion was granted and the State dropped all charges. |
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06/06/2007 |
502007CT001156AXXXSB |
DUI |
The defendant was stopped by the police for going 56 mph in a 35 mph zone, weaving within her lane of travel and for following vehicles in front of her too closely. Police noticed that the defendant had bloodshot – glassy eyes, a strong odor of an alcoholic beverage, slurred speech and was very argumentative. The defendant admitted having a few drinks and performed poorly of field sobriety exercises. The defendant refused a breath test and was arrested for DUI. After a jury trial, The defendant was found not guilty of DUI after the jury deliberated for one minute. |
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06/06/2007 |
07-8681MM10A |
Disorderly Conduct |
The defendant was accused of the crime of Trespassing by several officers for failing to leave the Hard Rodk Hotel and Casino in Hollywood, Florida. The Judge directed a verdict in favor of the defendant as the Tresspass affidavit was legally insufficient. Case dismissed by judge during Trial. |
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06/04/2007 |
04-012746XMM10A |
DUI |
The defendant was seen by officers bumping into a curb and later weaving in and out of traffic. Officers noticed an odor of alcohol, flushed complexion, slurred speech and an inability to maintain balance upon making contact with the defendant. The defendant performed poorly on roadsides and submitted to a breath test, which resulted in a .129/.141 g/210L, well over the legal limit. On the day of trial, the State dropped the D.U.I. charge. |
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05/25/2007 |
06-14571MM10A |
DUI |
The defendant crashed into three other vehicles while they were stopped at a traffic light. The defendant then left the scene of the accident. One of the vehicles followed the defendant until law enforcement arrived. Deputy Hauter and the BSO DUI Task Force noticed that the defendant had an odor of alcohol on his breath, observed glassy bloodshot eyes, was unsteady on his feet, had urinated in his pants and stated he had consumed two Corona Beers and felt that he was impaired by alcohol. The defendant performed poorly on the roadsides and took the breath test, which indicated he was a one point and was probably over the limit. The State dropped the D.U.I Charges. |
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05/23/2007 |
06-0401XXTC10A |
Racing on Highway |
The officer was on his way home from work when he saw the defendant next to another car at a traffic light. The officer testified that he saw the defendant and the other car \"peel out\", spin tires and take off at a high rate of speed for over a quarter of a mile. The defendant admitted to \"being stupid and playing around.\" Acquitted by jury within 10 minutes of beginning deliberations. |
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05/22/2007 |
2006CT031337A |
DUI |
The defendant was stopped for failing to maintain his lane of travel after the officer had received an anonymous tip alleging that the defendant was driving recklessly. Once stopped, the officers noticed that the defendant had difficulty producing documents for the car and was very unsteady as he exited the vehicle. He was asked to perform roadside exercises but said no, because he knew that he would fail as he suffers from Diabetes. He was arrested and later refused a breath test. Acquitted of D.U.I. after trial. |
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05/15/2007 |
07-5563XMM10A0 |
DUI |
The defendant was stopped for driving his vehicle without its lights on at night. After realizing that the defendant\'s license was suspended, the deputy asked the defendant to exit the car, as he noticed signs that the defendant was impaired. The defendant admitted to having a \"few drinks.\" Roadside exercises were completed on video, and the defendant refused a breath test after being placed under arrest. D.U.I charge dropped on the day of trial. |
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05/01/2007 |
06-TC029285A04 |
DUI |
The defendant was witnessed swerving from the right lane to the left lane nearly striking a concrete wall on the right shoulder. Police made contact with the defendant and noticed a strong odor of an alcoholic beverage, his eyes were red and glassy and he had trouble keeping them open. Police also noted that while speaking to defendant that his speech was slurred, he had difficulty standing as he swayed from side to side. The defendant refused to perform field sobriety exercises and was arrested for D.U.I. The defendant refused a breath test. D.U.I. charge dropped 5-1-07.
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04/18/2007 |
06-4664XM10A |
DUI |
The defendant was stopped by the Sergeant of the B.S.O. DUI Task Force who was on his way home from work for driving 105 M.P.H. in a 55 M.P.H. zone on I-95 and weaving in and out of traffic. Upon making contact with the defendant the Sergeant noticed the defendant to have an odor of an alcoholic beverage, bloodshot watery eyes and was unsteady on her feet. A second member of the DUI Task Force arrived on the scene and noticed the defendant to have a strong odor of alcohol, red and watery eyes, a flushed face and slurred speech. The defendant participated in roadside sobriety exercises and performed poorly. The defendant submitted to a breath test which resulted in a .144/.145 reading. The defendant was found not guilty by a jury. |
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04/16/2007 |
05-15531MM10A |
DUI |
On July 23, 2005, the defendant was involved in a traffic crash with two other vehicles. Officers arrived at the scene to notice that the defendant had an odor of alcohol on his breath, bloodshot watery eyes, slurred speech and that he was very unsteady on his feet, to the extent that he was asked to sit down by officers for safety reasons. Marijuana was seen in plain view by officers in the defendant\'s vehicle and the defendant admitted to ownership. The defendant advised he had consumed six beers and was asked to perform roadside sobriety exercises, which he performed poorly. The defendant submitted to a breath test which resulted in readings of 0191/.199, more than double the legal limit. The State Dropped the DUI charges. |
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04/04/2007 |
5020XXCT034854AXXXMB |
DUI |
The defendant was observed driving his car with a headlight out, improper tag, failing to maintain his lane of travel and driving the wrong way. After the stop, the officer noticed signs of impairment, and two open containers were found in the vehicle. The defendant performed poorly on roadside sobriety exercises and was subsequently arrested. When asked, the defendant refused to submit to a breath test. Acquitted of DUI after trial (2nd offense) |
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03/29/2007 |
06-0411XXM10A |
DUI |
The defendant failed to drive at two separate green traffic lights. A Broward Deputy initiated a traffic stop due to this unusual driving pattern and observed the defendant to have a strong odor of an alcoholic beverage, constricted pupils, bloodshot eyes, flushed face and profuse sweating. The defendant admitted to having two glasses of wine. The defendant refused roadside sobriety exercises and the breath test. The State dropped the DUI charge on 3/29/07. |
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03/22/2007 |
200X-CT-1X398 |
DUI |
The defendant ran out of gas and was parked at a closed business pouring gas from a container into his vehicle. Officers across the street found these actions to be suspicious. They approached the defendant and asked for identification. The defendant entered the vehicle and grabbed his license and registration. During the conversation, the officers noticed that he had an odor of alcohol on his breath, bloodshot eyes, and slurred speech. Once outside of the vehicle, the officers requested that he perform field sobriety exercises. He refused and told the officers that they did not see him driving. They informed him that he was behind the wheel while retrieving his identification and they proceeded to arrest him. At the station, the defendant refused to provide a breath sample. We filed a motion to suppress arguing that there was no reason for the officers to approach and detain the defendant and that he was never in control of the vehicle. Minutes before the motion was to be heard, the state agreed with our argument and dismissed the case. |
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03/21/2007 |
200X-CT-1X304 |
DUI |
The defendant was pulled over for speeding, driving the wrong way down a one way street, hitting a curb, and running a stop sign. The officer noticed that he smelled of alcohol, had bloodshot eyes, slurred speech, and a big wet spot on his shirt. The officer suspected that he was DUI and requested field sobriety exercises. After the exercises, the defendant was arrested and he refused to provide a breath sample.
The case went to trial and resulted in a hung jury. Five of the jurors found the client not guilty of the charges but one juror would not change her mind that the client was guilty. Her reason for finding him guilty was that he did not take the stand to defend himself. The case resulted in a mistrial and reset for another day. After talking to the state attorney about the case and the juror\'s statements, the state dismissed the case. |
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03/20/2007 |
200X-XT-1X23-E |
DUI |
The defendant was pulled over for weaving, not using a turn signal and almost hitting a curb. The defendant stated he was not taking any of the field sobriety tests on the advice of a family attorney. The officer stated the defendant had slurred speech, bloodshot eyes, was stumbling and had the odor of alcoholic beverages on his breath. The Jury returned a not guilty verdict in 9 minutes. |
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03/19/2007 |
432006CT5737A |
DUI |
The defendant was stopped by the police for traveling 55 in a 35 mph zone, and for failing to maintain lane of travel. Officers noticed an odor of an unknown alcoholic beverage, and that defendant had bloodshot glassy eyes, flushed face and that his speech was slurred. The defendant performed poorly on roadside sobriety exercises. The defendant was arrested for DUI and refused a breath test. DUI charge dropped 3-19-07.
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03/13/2007 |
06-27XX03MM10A |
DUI |
The defendant was stopped for weaving in and out of traffic and speeding 75 in a 35 zone. After noticing signs of impairment, a DUI officer was called to the scene. The defendant stated \"I\'m sorry, I shouldn\'t be driving while intoxicated\". Roadside exercises were performed on video, and the defendant had difficulty. The defendant agreed to a breath test and blew .130, .127. After winning a motion to exclude the breath test results, the case went to trial. DUI charge and all traffic infractions dismissed by the Judge, during trial. |
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03/05/2007 |
06-449XMM10A |
DUI |
The defendant was stopped by officers for making an illegal u-turn into oncoming traffic. The officers noticed that the defendant had an odor of alcohol, red bloodshot watery eyes and a flushed face and lost his balance while exiting the vehicle. The defendant admitted to the officers that he was coming from a party and admitted consuming several beers. He performed poorly on roadside sobriety exercises and refused the breathalyzer test. Acquitted by jury in 20 minutes on 3/05/2007. |
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02/28/2007 |
06-TC0X9032A08 |
DUI |
The defendant was stopped for speeding 92 mph in a 45 mph zone, after noticing signs of impairment, the defendant was asked to perform roadside exercises on video. The defendant admitted to drinking 1 beer, then later stated 2-3 beers at a bar. After the arrest, the defendant was a again placed on video and when asked if he was \"under the influence\", he responded\" I would say so, don\'t know\". He then refused the breath
test. Acquitteed by jury of DUI, speeding charge was also dismissed. |
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02/28/2007 |
06-547XMM10A |
DUI |
The defendant was pulled over by an officer for performing an illegal turn. Thereafter, the officer noticed the defendant to have an odor of alcohol, bloodshot watery eyes and slurred speech. The defendant admitted he was coming from a bar and had consumed a couple of drinks. The defendant performed poorly on roadsides and the original officer\'s observations were confirmed by the DUI Task Force. The defendant refused the breath test. Acquitted by a jury on 2/28/07. |
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02/26/2007 |
48-200X-CT-X3624-0 |
DUI |
The defendant was stopped for going 71 MPH in a 55MPH zone. The officer noticed that the defendant had a moderate odor of alcohol on her breath, bloodshot eyes, slurred speech, and staggered while walking. The defendant admitted to being at 2 bars prior to the stop and having 2 beers. The officer requested that the defendant perform Field Sobriety Exercises. The officer’s conclusion was that the exercises were done poorly and he arrested the defendant and charged her with DUI. At the station, the defendant stated “I didn’t take the test last time and I am not going to take it this time” as she refused to provide a breath sample. The case proceeded to trial where a jury found the client not guilty after deliberating for 5 minutes.
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02/23/2007 |
200X-CT-X1644 |
DUI |
The defendant was observed swerving within his lane causing other vehicles to take evasive actions. He was also reacting late to curves and had erratic speed changes. The Defendant was stopped and asked to perform Field Sobriety Exercises after the officer noticed an odor of alcohol coming from the defendant and noticed that his speech was slurred. After performing poorly on the exercises, the defendant was arrested and charged with his 2nd DUI. The officers found 2 cans of Miller Beer when the searched his vehicle. He was transported to the station where he refused to provide a breath sample.
Case was dropped on the day of trial.
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02/22/2007 |
200X-CT-X9511 |
DUI |
The defendant was pulled over for failing to maintain a single lane for a ½ mile stretch. The officer noticed that the defendant had a strong odor of alcohol on his breath and bloodshot eyes. After being questioned, the defendant admitted to drinking 2 beers. The officer requested that the defendant perform Field Sobriety Exercises and according to the officer they were done poorly. The defendant was arrested, charged with a 2nd DUI, and then refused to supply a breath sample.
Case was dropped on the day of trial.
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02/15/2007 |
502006CT030613AXXXMB |
DUI |
The defendant was involved in an automobile accident when he rear ended another driver. Police arrived on the scene and noticed that defendant had bloodshot eyes and that his speech was slurred. The defendant performed poorly on roadside sobriety exercises and was arrested for DUI. The presence of Cocaine, Cocaethylene, and Alprazolam were found in defendant’s urine sample that he provided to police. The defendant found not guilty after a jury trial 2-15-07.
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02/14/2007 |
06-0191XXTCA04 |
DUI |
The defendant was stopped by the police for going 85 mph in a 65 mph zone, and for swerving. Officers noticed the unknown odor of an alcoholic beverage coming from his breath, and that his speech was slurred. The defendant admitted to drinking 3 or 4 “Big Miami Beers”. According to police, the defendant performed poorly on field sobriety exercises. The defendant was arrested for DUI and refused a breath test. The defendant was found not guilty after a jury trial.
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02/08/2007 |
06-056XXMM10A |
DUI |
The defendant was involved in a one car traffic crash. Upon officers making contact with the defendant, they noticed thestrong odor of an alcoholic beverage, slurred speech, flushed face andbloodshot watery eyes and a cut on his finger. The defendant performed poorly during roadside sobriety exercises and registered .142/.123 on the breathalyzer. The State dropped all charges on 2/7/07. |
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02/07/2007 |
05-0171XXMM10A |
DUI |
The defendant was stopped by officers for unlawful speed and upon being stopped began to drive off the roadway. Upon making contact with the defendant, officers noticed an odor of an alcoholic beverage, the defendant\'s eyes were bloodshot and dilated, slurred speech and that he had an inability to maintain proper balance. The defendant was asked to participate in roadside sobriety exercises and stated \"I don\'t think I would be able to do them in my condition\". The defendant refused all exercises and the breath test. The State dropped DUI charges. |
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02/06/2007 |
06-2030XXMM10A |
DUI |
The defendant was observed by officers to be speeding and failing to maintain his lane of travel. Upon approaching the vehicle, officers noticed bloodshot watery eyes, odor of alcohol, a flushed complexion, and an inability to maintain balance. The defendant performed poorly on roadside sobriety exercises and registered a .129/.125 on the breathalyzer. The defendant was acquitted by a jury at trial after approximately 1 minute of deliberation. |
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02/05/2007 |
502006MM027949AXXSB |
Battery |
Alleged victim came into contact with the defendant when he allegedly witnessed the defendant pushing his girlfriend and told him to stop hitting her. It was then alleged that the defendant ran at the alleged victim and struck him in the mouth with his fist and kept attacking him. Surveillance video showed the defendant strike the victim in the face then making multiple strikes to victims head and body. Video then showed the defendant put the alleged victim in a headlock and slamming him to the ground. The alleged victim suffered a cut lip, a bruise on his forehead, a bruise/bump to his head behind his right ear, and scrapped knees. The defendant was charged with Battery. Charge dropped 2-5-07.
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02/02/2007 |
06CT025322AMB |
DUI |
The defendant was pulled over for failing to come to a complete stop at two intersections, and for failing to proceed at a green light. Police noted that defendant had an odor of an unknown alcoholic beverage coming from her vehicle, her speech was slow, and her eyes bloodshot and glassy. The defendant admitted to coming from a bar and consuming approximately two beers. The defendant performed poorly on roadside sobriety exercises and was arrested for DUI. The defendant provided two samples of her breath .188 & .188, each more than two times the legal limit. DUI charge dropped 2-2-07. |
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01/31/2007 |
06-332XMM10A |
DUI |
An anonymous caller reported that the defendant was driving all over the road in a reckless manner. Officers initiated a traffic stop upon the vehicle and noticed that the defendant had slurred speech, bloodshot and watery eyes and an odor of alcohol emanating from his breath. Officers also testified that he was slumped over the steering wheel. The defendant had difficulty balancing, performed poorly on roadsides and refused the breath test and admitted to taking oxycodone. The Judge entered a directed verdict in favor of the defendant, the functional equivalent to a dismissal. |
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01/30/2007 |
06CT011XX0AMB |
|
The defendant was involved in a four vehicle accident that also involved a pedestrian. Police arrived and the noted that defendant had slurred speech, bloodshot and glassy eyes, and had an odor of an unknown alcoholic beverage coming from him when he spoke. The defendant refused roadside sobriety exercises and a breath test. He was then arrested and charged with DUI. Charge dropped by State on 1-30-07.
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01/29/2007 |
05-01380XXM10A |
DUI |
The defendant was involved in an accident. The officers were speaking with the driver and she admitted to passing out earlier. She then put the car in reverse and almost hit the officer. The driver admitted to three drinks and performed poorly on roadside exercises. After being arrested for DUI, the driver blew .141, .136. The DUI charge was dropped. |
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01/24/2007 |
MMK06XXX1832A |
DUI |
Defendant stopped for speeding and failure to maintain a single lane; arrested for DUI; defendant refused to submit to a breath test. Case reduced to reckless driving. |
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01/19/2007 |
05-2451XMM10A |
DUI |
The defendant was directed into a checkpoint at which time officers made observations of the defendant that she had an odor of alcohol, bloodshot eyes, slurred speech and was unsteady on her feet. She performed poorly on roadside sobriety exercises and refused a breath test. A motion to suppress the checkpoint and for the unlawful detention was filed by the firm and was granted by the judge. All evidence emanating from the stop was excluded as a result. The State dropped all charges. |
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01/17/2007 |
06-2124XXCF10A |
Grand Theft Auto |
The defendant was accused of failing to return a rental car valued at approximately $30,000.00. The State was provided with a defense witness list and ample evidence indicating that it was legally impossible for the defendant to have done so by the Firm. The State dismissed all charges based upon this evidence. |
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01/12/2007 |
376XX8-X |
DUI |
Defendant was involved in a car accident and fled the scene. Subsequently arrested for DUI. Defendant refused to submit to a breath test but provided a urine sample which was positive for marijuana. Motion to exclude Urine and Motion to exclude Refusal granted, case dismissed. |
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01/09/2007 |
468XX5-W |
DUI |
Defendant was arrested and charged with DUI and resisting arrest after her car broke down in the middle of the street. Defendant submitted to a breath test and blew a .21. Case dismissed. |
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01/05/2007 |
574XX4-X |
DUI |
Defendant involved in a minor accident. After being arrested for DUI, defendant blew a .27. Defendant acquitted by a jury. |
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01/03/2007 |
41XX98-X |
DUI |
Defendant was stopped in front of his house and placed into custody by police. Subsequently charged with DUI and resisting arrest. Defendant refused breath test. Case dismissed. |
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12/22/2006 |
57XX093-X |
DUI |
Defendant was pulled over for a traffic infraction, arrested and charged with a third DUI offense. After being arrested the defendant submitted to a breath test. Case dismissed. |
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12/21/2006 |
57XX05-X |
DUI |
Defendant was approached by police while stopped at a gas station. Defendant arrested for DUI. Motion to suppress due to an illegal stop was granted, case dismissed. |
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12/20/2006 |
1960-XXXAV |
DUI |
Defendant was stopped for speeding. Arrested for DUI, submitted to breath test and provided a urine sample. Motion to suppress urine test granted, case was dismissed. |
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12/19/2006 |
06-4046MM10A |
DUI |
The defendant was observed by two officers driving on the wrong side of the road. Officers activated their lights and the defendant failed to stop for several blocks. The defendant pulled into the driveway of her home, failed to respond to the officer\\\'s commands to exit her vehicle, and ultimately had difficulty exiting her vehicle. Officers noticed the defendant to have an odor of alcohol, bloodshot watery eyes, and that she was dazed and confused. The defendant also admitted to drinking several vodka drinks in South Beach and performed poorly on roadside sobriety exercises and refused the breath test. Acquitted by jury 12/19/2006. |
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12/18/2006 |
06-1563XXMMA |
Grand Theft Auto |
The defendant was a passenger in a car stolen by her boyfriend. Upon the car crashing after a police chase, the defendant ran from the car and attempted to flee from an investigation into a Grand Theft of a Motor Vehicle. The State dropped all the charges on 12/18/06. |
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12/15/2006 |
06-CT014685AXX |
DUI |
The defendant\'s car was stopped for speeding, and an expired tag. After showing signs of impairment, the defendant was given roadside exercises on video. After the arrest, the defendant was in the back of the police car on video, cussing at the police officer. At the station, the defendant admitted drinking and asked the officer what would happen if he blew over the limit. He eventually refused the breath test. Acquitted of DUI by jury. |
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12/11/2006 |
04-22955MM10A |
DUI |
Defendant was seen by an off duty BSO employee driving his vehicle onto a median, failing to maintain his lane of travel, and going through two stop signs without stopping. The DUI task force was called to stop the vehicle. After noticing signs of impairment, roadside exercises were attempted on video. A breath / urine test was requested, and refused. Acquitted by jury of DUI. |
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12/04/2006 |
04-836XXM10A |
DUI |
The defendant was stopped after the officer saw his vehicle leaving the lane of travel on several occasions. After noticing signs of impairment a DUI investigation began and roadside exercises were performed. The Defendant was granted a Motion to Suppress, excluding all evidence. The State appealed that ruling, and the decision was affirmed. All charges dropped. |
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11/07/2006 |
06-2736MM10A |
DUI |
The Defendant was seen by officers traveling at a high rate of speed through the management area. The officers stopped the vehicle and noticed that the Defendant had the odor of an alcoholic beverage, bloodshot, watery eyes and had difficulty handling his vehicle documentation. The Defendant submitted to roadside sobriety exercises and performed poorly. The Defendant submitted to a breath test and admitted to consuming alcohol. The Firm filed a Motion to Suppress the Stop of the Vehicle. The Judge granted the Motion and the State dropped the charges on 11/7/06 |
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11/01/2006 |
06-01161XXF10A |
Felony DUI and Carrying Concealed Weapon |
The defendant was charged with Felony DUI and Carrying a Concealed Weapon. The defendant was observed driving through an inoperable traffic signal immediately after Hurricane Wilma. The officer followed the defendant to the driveway of his home and saw the defendant slowly exit his vehicle and then ordered him to remain in the driveway so a DUI investigator could be called to the scene. The DUI investigator noticed several indicators of impairment including an odor of alcohol, flushed face, bloodshot watery eyes and an inability to maintain his balance. The defendant refused all exercises and the breath test. The Ticket Clinic filed a motion to suppress the seizure in his driveway, which was granted. State dropped all charges. |
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10/25/2006 |
2006MM015914AXX |
Battery |
The defendant was accused by his ex-girlfriend of grabbing her in a gas station parking lot and “head butting” her. Police took photographs of bruises on her arm that were consistent with being grabbed. The defendant did not give a formal statement to the police after they had requested one. The defendant was then charged with battery. The defendant was acquitted of the charge after a jury trial.
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10/13/2006 |
29-C0X1-CT-15XX162 |
DUI |
The defendant ran into a cement wall. When officers arrived they noticed the odor of alcohol on defendant’s breath, red blood shot eyes and slurred speech. Based on these observations the Officers conducted a DUI Investigation. The defendant admitted to having 4 drinks and according to the officer performed poorly on the field sobriety exercises. The defendant was arrested and taken to the station where he blew a .102 and .104. State dropped the DUI. |
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10/09/2006 |
200X-CT-1XX58 |
DUI |
The defendant was pulled over for driving on wrong side of the street and speeding. The officer noticed that the defendant had odor of alcohol on his breath and bloodshot eyes, and was unable to maintain balance. The officer requested the defendant to submit to field sobriety exercises, The defendant refused. The defendant also refused to give a breath sample and passed out at the Police Station. State dropped DUI. |
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10/03/2006 |
05-098XXXF10A |
DUI-Serious Bodily Injury |
The defendant was involved in an accident with a pedestrian which resulted in catastrophic injuries to the pedestrian. The defendant was charged with DUI-Serious Bodily Injury, after his blood result returned over the legal limit. This charge is a third degree felony. The prosecution\\\'s plea offer was 5 years in Florida State Prison. The Ticket Clinic filed a motion to suppress the blood sample as well as a motion to dismiss on the defendant\\\'s behalf. After the state received the motions, the felony charge was dropped on 10/3/06. |
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09/28/2006 |
06-1043XXCA04 |
DUI |
The defendant was involved in a traffic accident was cited for the accident. Once on scene the officers noticed signs of impairment and offered roadside exercises. The defendant performed poorly according to the officers. After being arrested, The defendant refused a breath test. All charges dismissed during jury trial. |
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09/27/2006 |
05-0172XXXM10A |
DUI |
The defendant was seen swerving out of his lane of travel on 3-4 occasions and then coming to almost a complete stop at a green light by the officers. The officers activated their blue lights and the defendant ignored them and pulled into a McDonald\'s Drive-Thru. The officers noticed the defendant to have a strong odor of alcohol, flush face, glassy bloodshot eyes, and allegedly slurred speech. The defendant participated in roadside sobriety exercises and could barely count to 2 on the one legged stand. The defendant refused a breath test and stated several times \"If I were straight, I could have done those tests\" while being transported to the station. Aquitted by Jury 9/27/06. |
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09/26/2006 |
2006-CT-XX24-0 |
DUI |
The defendant was stopped for running a stop sign. The officer noticed a strong odor of alcohol on her breath, bloodshot eyes and slurred speech. The officer requested that the defendant perform field sobriety exercises and based on the results of those exercises the defendant was arrested for DUI. Once at the police station the defendant refused the breath test. The Case went to Trial and the Defendant was found not guilty after the jury deliberated for 20 minutes.
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09/25/2006 |
04-022944MM10A |
DUI |
The defendant was seen by several civilian witnesses driving in a reckless manner, swerving, crashing into curbs, and ultimately crashed into the gatehouse area of her housing development. The Defendant was acting enraged and screaming upon exiting the vehicle. The defendant was taken to the hospital and submitted to a test of her blood. The results were a .120g/210 L, which is over the legal limit. The State dropped the DUI charge on 9/25/06. |
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09/14/2006 |
06-0905XXF10A |
Grand Theft Auto |
The defendant was found behind the wheel of a recently stolen vehicle with the keys in the ignition. The defendant was arrested for Grand Theft Auto. Evidence was presented to the Office of the State Attorney identifying the true perpetrator of the crime and clearly demonstrating that the defendant did not steal the car and never knew or had reason to know the car was stolen. Case \" No Information entered\" on. |
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09/11/2006 |
05-0259XXXM10A |
DUI |
The defendant, 80 years old, was involved in a traffic crash while attempting to enter the parking lot of the Elks Lodge in Hollywood, Florida. Officers arrived on the scene immediately after the crash for purposes of investigation. Approximately 2 hours and twenty minutes after the crash officers retrieved the Defendant from inside the Elks Lodge. The defendant was observed to be clearly intoxicated by officers and was asked to perform roadside sobriety exercises and did so poorly. The defendant\'s breath result was a .166/.175, over twice the legal limit. the State dropped the DUI charge on 9/11/06. |
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09/01/2006 |
05-0254XXMM10A |
DUI |
The defendant was stopped for driving below the posted speed limit, weaving within his lane, and stopping several feet behind the stop bar at a red light. The officer approached the vehicle and smelled an odor of alcohol emitting from the defendant\'s breath, bloodshot watery eyes, slurred speech and slow movements. The DUI investigator found that the defendant\'s performance on the roadside sobriety exercises was consistent with alcohol impairment and the defendant blew well over the legal limit. A motion to suppress the unlawful stop was filed and granted. The Case was dropped by the State on 9/1/06. |
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08/17/2006 |
06-398XXFA02 |
Felony DUI |
The defendant was reported by an anonymous informant to be in his car banging his head against the steering wheel in a driveway. Officers reported to the scene based on the tip and ordered the defendant out of the car at gun point. Thereafter, several indicators of impairment were noticed by the officers. The defendant was arrested and blew a .172/.172 on the intoxylizer and admitted to driving the vehicle and consuming a lot ( half of a pint ) of scotch. The State offered five years in prison as a plea offer. The Firm filed a Motion to Suppress The State Dropped the felony charges on 8/17/06. |
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08/14/2006 |
05-2262XXM10A |
DUI |
Defendant was stopped for driving on the wrong side of the road. Officers found a cup on Cognac in the cup holder of the vehicle and noticed that the defendant had an odor of alcohol about his breath and red, bloodshot and glassy eyes. The defendant performed poorly on roadside sobriety exercises and submitted to a urine test. The defendant tested positive for the presence of cannabinoids (marijuana) and admitted to \"smoking weed.\" The State dropped the DUI charge on 8/14/06. |
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08/14/2006 |
43200XXT2415A |
DUI |
Defendant was stopped by police after a motorist reported that the defendant was driving in a manner causing her to have to slam on her brakes, and continuously flashing his lights into her vehicle. Police noticed that defendant had a strong odor of an alcohol, his eyes were bloodshot and glassy, and his speech was slurred. A DUI investigation occurred and the defendant performed poorly on roadside exercises. The defendant was arrested for DUI and he refused a breath test. DUI charge dropped.
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08/10/2006 |
06-441XXca99 |
DUI |
The defendant was stopped for aggressive driving, following too closely, and improper change of lanes. After the stop, the officer noticed signs of impairment, and asked the defendant to perform roadside exercises, which she refused. The defendant refused a breath test. Found Not Guilty after trial. |
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08/09/2006 |
429435-XS9 |
DUI |
The defendant\'s car was stopped for weaving out of its\' lane, turning without a signal, and for stopping in the roadway for 30 seconds before backing up. After the stop, the officer noticed signs of impairment, and roadside exercises were completed on video. After the arrest, the defendant refused a breath test. DUI charge dismissed during jury trial. |
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08/02/2006 |
05-01561XXM10A |
DUI |
The defendant was stopped for driving without his headlights. The defendant failed to stop immediately and incorrectly used his turn signals. Officers noticed the defendant to have poor balance, difficulty locating his documents, odor of alcohol, flushed face, slurred speech, and bloodshot and glassy eyes. The defendant performed poorly on roadside sobriety exercises and refused the breath test and was screaming at the officers. State dropped the DUI charge after we filed a Motion to Dismiss. |
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07/31/2006 |
05-0232XXXM10A |
DUI |
The defendant was stopped by an officer for driving on the wrong side of the road. The defendant admitted to consuming 2 beers and a shot of vodka. The defendant almost fell down when exiting her car and used the car for balance and had an odor of alcohol coming from her breath and slurred speech. The state dropped the DUI charge on the day of the trial. |
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07/28/2006 |
06-1004XXCF10A |
Felony Possession |
Defendant found in his apartment by two Fort Lauderdale Police Officers along with a substance later found to be Heroin on the coffee table in front of him after a formenr girlfriend ran into his apartment attempting to ditch a cab fare. State dropped its case. This case occurred in violation of the defendant\'s probation for delivery of a controlled substance. |
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07/27/2006 |
03-0220XXM10 |
DUI |
Defendant was involved in a traffic crash. Upon arrival, officers noticed several indicators of alcohol impairment. Defendant submitted to a breath test and blew over the legal limit. State dropped its case after conceding to our motion to dismiss on 7/27/06. |
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07/25/2006 |
04-142XXMM10A |
DUI |
Defendant was stopped for speeding and running a red light. After performing roadside sobriety exercises on video, the defendant was arrested. While en route to the police station the defendant verbally abusive to the officer and accused him of being racist. Aquitted by a jury. |
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07/24/2006 |
05-2194XXM10A |
DUI |
The defendant was seen exiting the driver\'s side door of a truck that had run into a row of hedges. The police arrived and caught up to the defendant as he was running away from the scene. The defendant\'s wife was on the scene and said that she the passenger of the vehicle at the time of the crash. The defendant was investigated for DUI. He refused roadsides and the breath test. DUI charge dropped, just before trial. |
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07/19/2006 |
05-0139XXXM10A |
DUI |
The defendant was found by an officer trying to start his car in a public garage. The officer noticed that the defendant was unsteady on his feet, had an odor of alcohol on his breath and had bloodshot watery eyes. The defendant exhibited every clue of impairment during roadside sobriety exercises and his breath test result was .146/.159, almost twice the legal limit in Florida. The defendant was found not guilty by jury on 7/19/06. |
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07/17/2006 |
05-0077XXXF10A |
FELONY-DUI |
The Defendant was stopped for driving without a tag light. The two officers observed the defendant to have an odor of alcohol, flushed face, bloodshot watery eyes and a distinct sway associated with alcohol impairment. The defendant performed extremely poorly on the roadside sobriety exercises while on video. The defendant was found not guilty by a jury. |
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07/10/2006 |
2006-CT-1XX2-X |
DUI |
Client rear ended an SUV and caused it to flip over on its side. Officers arrived and noticed that defendant had an odor of alcohol on his breath and his speech was slurred. The officer also noticed that the defendant’s eyes were bloodshot. The officer requested that the defendant perform field sobriety exercises. He refused, was arrested and taken to the station where he submitted to a breath test. His results were a .098. After we successfully had the results of the breath test thrown out of court, the state decided to drop the DUI. |
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07/10/2006 |
06-389XXMA |
DUI |
The defendant was pulled over for going 70 mph in a 40 mph zone. When asked to exit the vehicle, the officer noticed he was unsteady on his feet and that he smelled of alcohol. The officer requested that he submit to field sobriety exercises and he agreed. The defendant put his foot down 5 times during the one-legged stand, made numerous mistakes during the walk and turn, and failed to touch his nose 3 out of 6 times on the finger to nose test. He was arrested based on his performance and he refused to take a breath test. The state dropped the DUI on the day of trial. |
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06/30/2006 |
05-01307XXF10A |
Felony - Possesion of Cocaine |
The Defendant's vehicle was stopped for failing to use a turn signal. Thereafter, officers obtained cocaine from the interior of the car pursuant to an alleged lawful search. The Defendant also admitted to owning the cocaine and other ilicit drugs. A motion to suppress was filed. The defendant was required to be sent to prison if sentenced on these charges. The motion to suppress was granted. Case dropped by the State on 6/30/06. |
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06/26/2006 |
05-2045XMM10A |
DUI |
Defendant was found asleep in a car in the middle of the road. There was a question whether she was in the driver's seat or passenger seat. (officer says driver's seat) She was found partially naked and told officers that she had just had sex with her boyfriend and was "wasted". After doing a roadsides she was arrested for DUI. The defendant refused a breath test. DUI charge dropped just before trial. |
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06/23/2006 |
05-21024MMAES |
DUI |
Arrest report indicated that the client rear ended two elderly women at a stop sign. Client claims that he was not driving at the time of the accident. The elderly women point out the client as the driver. Client has many indications of impairment and performs poorly on the field sobriety exercises. Client also refuses to provide a breath sample maintaining that he was not the driver of the vehicle. State dropped the DUI. |
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06/20/2006 |
06-0142XXTCA06 |
DUI |
Defendant was found stopped in the middle of the road with his emergency lights on. When police approached the vehicle they saw Defendant asleep. The car was in reverse, and the engine was running. Officers thought he was impaired and arrested the Defendant for DUI. Defendant refused a urine test. DUI charge dropped. |
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06/19/2006 |
TC05-1897 |
DUI |
Client was found passed out in his car while parked in the middle of the street. Officer wakes him up and finds that he smells of alcohol, has bloodshot eyes, and has trouble maintaining his balance. After performing field sobriety tests, client is arrested. Client blows a .098 at the station. Motion to suppress the breath is granted because the officer failed to observe the client for 20 minutes as required by statute. State dismissed DUI. |
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06/16/2006 |
48-2005-CT-2047 |
DUI |
Client is stopped for doing 93 in a 50 M.P.H. zone. The officer noticed that the client's speech was slurred, he smelled alcohol, his eyes were bloodshot, he was staggering while walking and he could not maintain his balance. Client performed poorly on the field sobriety exercises, but he weighed almost 300 pounds. Client was arrested and refused to provide a breath sample to the police. The State dropped the DUI. |
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06/12/2006 |
48-2005-CT-17660 |
DUI |
Client pulled into his driveway and found the police to be there on a separate matter. When client staggered from his car, the police conducted a DUI investigation. Client was arrested after the officers claimed he performed poorly on the field sobriety exercises. Client blew a .031 and gave a urine sample to the officers. State dismissed the case. |
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06/08/2006 |
05-2533XXCA08 |
DUI |
After receiving a call that the defendant had kicked his ex-girlfriend's door in, the police began to follow the defendant and pulled him over after noticing that he had an expired tag on the car. The ex-girlfriend testified that the defendant was very intoxicated when he was at her appartment, just before the police stopped his vehicle. After noticing signs of impairment, and admitting that he had come from a bar, the defendant was offered roadside exercises which he refused. He also refused to take a breath test. The defendant was found not guilty of all charges after trial. |
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06/05/2006 |
06-15175TCA99 |
DUI |
Defendant was stopped by police for weaving in and out of traffic. Police noticed that the Defendant’s eyes were red in color and glassy, and he had trouble producing his vehicle documentation. Defendant admitted taking Xanax, and his speech was slurred. A DUI investigation was conducted and the defendant performed poorly on field sobriety exercises. Defefendant was arrested for DUI and refused a breath test. DUI charge dropped. |
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05/11/2006 |
06-XX379XMM10A |
DUI |
Defendant was stopped for failing to maintain lane of travel, almost striking other vehicles. The defendant was also speeding 80 mph in a 65 mph zone. After the stop, the defendant said to the officer, "I probably should not be driving", " I've had a few things to drink" and "I'm certainly not in good shape." After being arrested for DUI the defendant blew a .132, and .131. DUI charge dropped. |
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05/10/2006 |
04-063XXMM10A |
DUI |
Defendant was involved in an accident with injuries. When the officer arrived on the scene the defendant was in the driver's seat and kept saying they were sorry and shouldn't have been driving. The defendant agreed to a blood test which registered a .28 reading. DUI charge dropped. |
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04/17/2006 |
05-17637MM10A |
|
Defendant's boat was stopped by the U.S. Coast Guard for operating in an unsafe manner and without lights on at night. Upon boarding the boat, the officer noticed signs of impairment, and escorted the defendant to shore. Once on shore, a BUI investigation began, which led to the defendant's arrest. The defendant refused to perform exercises and a breath test. BUI (Boating Under the Influence) Charge dropped. |
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03/30/2006 |
05-19345TCX02 |
DUI |
Defendant was a passenger in a car that was stopped for a traffic violation. After the car was stopped, the defendant switched seats with the driver,and got into the driver's seat. The were still in the ignition and the car was running. The defendant was charged with DUI as he was in actual physical control of the vehicle. After his arrest, the defendant took a breath test which registered a .163 and a .169. Aquitted of DUI by a jury. |
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03/16/2006 |
05-3273XXTCA02 |
DUI |
The defendant was stopped for an expired tag and for making an improper left turn. After being slow to pull his car over, the officer noticed signs of impairment. According to the officer, there was an overpowering odor of alcohol, the defendant's eyes were very red and glassy, the Defendant's speech was so slurred that it was difficult to understand him at times. The defendant was unsteady on his feet as well. The officer had the defendant perform roadside exercises, and he believed the defendant had performed poorly. The defendant refused to take the breath test. Aquitted of DUI by jury. |
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03/14/2006 |
02-0203XXMM10A |
DUI |
The defendant was charged for failing to use due care after he rear-ended another driver. Once the officers were on the scene, they noticed the defendant throw a bag of marijuana on the groung. The officers noticed signs of impairment and asked the defendant for permission to take his blood, which he agreed to. the blood results were .240, .243. DUI charge dropped. |
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03/03/2006 |
05-0158XXMM10A |
DUI |
Defendant was observed by traffic homicide investigator and other law enforcement personnel to have an odor of alcohol on their breath, glassy and bloodshot eyes and slurred speech. The defendant also had no idea where they were and had difficulty walking and performend poorly on roadside exercises. Defendant refused breath test. Case dismissed. |
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02/14/2006 |
05-1653XXMM10A |
DUI |
Defendant was stopped for running a red light. The officers noticed that the defendant was impaired and had the defendant perform field sobriety exercises on video. Afterwards the defendant submitted to a breath test, and blew .120 twice. DUI charge dropped during jury trial. |
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02/09/2006 |
05-159XXMM10A |
DUI |
The defendant's vehicle was stopped for defective equipment. After noticing signs of impairment and the fact that the defendant had a difficult time producing documentation for the vehicle, the defendant was asked to step out of the vehicle. The defendant refused to perform sobriety exercises on video, and refused the breath test. DUI charge dropped. |
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02/08/2006 |
05-1138XXMM10A |
DUI |
The defendant was the driver of a vehicle that lost control, running over shrubbery and eventually striking a tree. The vehicle then burst into flames. After paramedics arrived, the defendant admitted to being the driver and losing control of the vehicle. Observations were made that were consistent with an impaired driver, roadside exercises were performed on the scene and the defendant was arrested. The defendant refused to take a breath and urine test. DUI charge dropped. |
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02/07/2006 |
05-1843XXMM10A |
DUI |
Defendant was stopped for speeding and running a red light. After performing exercises poorly on video, the defendant submitted to a breath test. The results were .092,.095. Acquitted by Jury of D.U.I. |
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02/06/2006 |
05-1652XXMM10A |
DUI |
A police officer responded to a call from a citizen regarding a person who was in a vehicle in a parking lot and was attempting to start an already running vehicle. The officers made contact with the driver and noticed signs of impairment. Exercises were performed poorly on video. The driver was arrested and later refused a breath test. DUI charge dropped. |
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02/03/2006 |
TC05-5438XX |
DUI |
